On November 17, 2020, pursuant to section 101 of the Courts of Justice Act, Dodick Landau Inc. was Court-appointed Receiver (the “Receiver”) of all of the assets, undertakings and properties of 863704 Ontario Inc., Metropolitan Ice Cream Inc. and Frank Zuccaro, including all proceeds thereof, (collectively, the “Debtors”). On October 8, 2020 the Court approved the appointment of a Receiver to ensure compliance by the Debtors with their obligations regarding non-dissipation and production of financial reports as previously ordered by the Court on March 11, 2020 and June 29, 2020.
On May 7, 2021, the Receiver applied to the Court for advice and directions in connection with the fulfillment of its role as Receiver, including seeking an order to sell the commercial real property located at 76 Densley, Toronto, and approval to make certain distributions from the sale proceeds. On June 7, 2021, Justice S. Dunphy made such orders.
On September 1, 2021, Maria Zuccaro, the Applicant in the family Court matter, filed a motion requesting declaratory relief with respect to the Respondent and Co-respondents alleged breaches of various Court Orders, as well as related remedies, including striking of pleadings. The parties agreed, on consent, to an adjournment of the motion to January 12, 2022.
Following mediation, a settlement was reached between all parties on June 24, 2022 and certain interim distributions were made by the Receiver. A motion was filed by the Receiver returnable March 31, 2023 which, among other things, requested the Court’s approval of final distributions and the Receiver’s discharge which the Court granted.
Documents
Affidavit in Support of Motion to appoint Receiver – November 10, 2020
Justice Douglas’ order to appoint Receiver issued November 17, 2021
Endorsement of Justice Douglas issued November 17, 2020
Notice of Application – May 7, 2021
Motion Record of Receiver returnable June 7, 2021
Court Order – Sale of Densley Property – June 7, 2021
Order Approving Receiver’s Distributions – June 7 2021
Applicant’s Motion returnable September 1, 2021
Endorsement re: consent to adjournment -September 1, 2021
Motion Record of the Applicant – Returnable March 31 2023