Motion Record of the Receiver (returnable September 18, 2026) — Application / notice of application
177 Cross Argus Development Inc.
Follow- Proceeding
- NOIsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CL-25-00753599-0000
177 Cross Argus Development Inc. filed a notice of intention to make a proposal under section 50.4 of the BIA on October 2, 2025 in Ontario, and the proceeding remains active. The debtor acquired 177-185 Cross Avenue and 580 Argus Road in Oakville for $53,000,000 on or around March 15, 2023, financed by vendor-take-back first and second mortgages from 915643 Ontario Inc. registered at $31,800,000 and $5,300,000; approximately $39,622,030 including accrued interest was owing as of October 28, 2025. A $5,000,000 third mortgage held by Aarti Real Estate Enterprises Inc. and Mayuri Ventures Inc. matured in 2024, and the third mortgagee obtained default judgment on March 5, 2025. Its September 30, 2025 notices of attornment of rents and direction to pay were declared null and void by order dated October 30, 2025, the mortgagee being found subject to the BIA stay.
The claims bar date has passed — claims were due by
Per the Priority Claims Procedure Order dated January 20, 2026 dated 20 January 2026.
Third Report confirmed the sale closed April 22, 2026 at 4:12pm; the receiver held approximately $88,000 as at August 31, 2026 and is winding down before seeking its discharge.
Source: Third Report of the Receiver dated September 11, 2026
Approved the sale of the Purchased Assets to 915643 Ontario Inc. under the January 14, 2026 stalking horse agreement, largely satisfied by credit bid, with vesting on delivery of the Receiver's Certificate.
Motion Record of the Receiver (returnable March 31, 2026) — Application / notice of application
Second Report: 700 parties solicited, 25 non-disclosure agreements and one competing letter of intent, since rejected; the stalking horse bid was declared successful, Phase 2 did not proceed, and approval was recommended.
Approved a claims process, fixing March 13, 2026 as the bar date for creditor claims.
Source: Priority Claims Procedure Order dated January 20, 2026
Approved the receiver's sale and investment solicitation process and authorized 915643 Ontario Inc.'s bid to act as stalking horse, with a Phase 1 bid deadline of February 27, 2026.
Motion Record of the Receiver (returnable Jan. 20, 2026) — Application / notice of application
Appointed Albert Gelman Inc. receiver and manager of the debtors' property, including 177-185 Cross Avenue and 580 Argus Road in Oakville.
915643 Ontario Inc. applied to the Ontario Superior Court of Justice under section 243(1) of the BIA and section 101 of the Courts of Justice Act for a receiver over the debtor's property.
Case update
177 Cross Argus: the seller credit-bids its Oakville land back
915643 Ontario Inc. held 2.5 acres near the Oakville GO station for 32 years, sold them in 2023 for $53,000,000 to a developer planning 1,895 condominiums, and on April 22, 2026 bought them back from a receiver largely with the debt its vendor-take-back mortgages secured; the receiver's Third Report now asks to be discharged, with $88,383 in hand and the balance bound for the buyer.
Debtor
177 Cross Argus Development Inc.
Proposal trustee
Albert Gelman
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | 915643 Ontario Inc.First VTB mortgage (original registered amount $31,800,000) and second VTB mortgage (original registered amount $5,300,000) against the Property (177-185 Cross Ave & 580 Argus Road, Oakville, Ontario) — Vendor-take-back mortgages granted on purchase of the Property (purchase price $53,000,000 on/around March 15, 2023, vendor was 915643 Ontario Inc.); current amount owing described in the affidavit as 'approximately' $39,622,030 including accrued interest as of the affidavit's affirmation date — debtor: 177 Cross Argus Development Inc. · as of 28 Oct 2025 | $39.6M | Motion Record dated October 28, 2025 |
| 4 | Secured | Aarti Real Estate Enterprises Inc. and Mayuri Ventures Inc. (Third Mortgagee) · in 2 casesThird mortgage registered against the Property as Instrument HR1953703 (Land Titles Division of Halton No. 20) on March 15, 2023, securing principal sum of $5,000,000; further secured by a Notice of Assignment of Rents – General registered the same date as Instrument HR1953704; additionally secured by a $5,000,000 collateral mortgage registered against five other parcels of land (the 'Sheppard Assembly Property') owned by entities related to 177 Cross and Double Diamond Capital Inc. — Default judgment obtained against 177 Cross on March 5, 2025 (exact judgment amount, including interest/costs, · as of 15 Mar 2023 | $5M | Motion Record dated October 28, 2025 |
| 8 | Unsecured | 915643 Ontario Inc.debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $39.6M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | 2340981 Ontario Ltddebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $7.61M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Dr Zina Baraz & Dr BashiIndividual creditors (personal names) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $4.77M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Aarti Real Estate Enterprise Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $3.44M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Mayuri Venture Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $2.92M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Sam Enterprisesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $2.64M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Sam GanniIndividual creditor (personal name); same individual signed the NOI Form 33 as representative of the insolvent Debtor - related party — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $1.26M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Nawar MahfoothIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $1M | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Dr BashiIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $715K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Dr Ridha IbrahimIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $650K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Nahid GanniIndividual creditor (personal name); shares surname with signing officer Sam Ganni - possible related party — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $539K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Binno Properties Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $500K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Faris Tappouni and Saba Al SayeghIndividual creditors (personal names) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $400K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Town Of Oakville · in 4 casesPossible municipal tax claim — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $267K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Ghassan GhaliIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $202K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Priyanka DubeyIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $201K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Cassels Brock & Blackwell LLP · in 22 casesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $125K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Red Pine Canopy Limiteddebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $120K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Zaid JiwaidahIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $100K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Thaer Al MasrafIndividual creditor (personal name) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $100K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Architects Alliancedebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $64.4K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Weston Consulting · in 2 casesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $48.3K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Lea Consulting Ltddebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $43K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Waverly Corporate Financial Services Ltd. · in 2 casesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $37.5K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | CRA - Sudbury Tax Services Office · in 5 casesDeemed trust class (CRA indebtedness) — debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $33.7K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Urbantechdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $30.4K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Oakville Hydro Electricity Distribution Inc. · in 2 casesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $25.1K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Virtualad Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $21.1K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Chaitons LLP · in 4 casesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $19.2K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Mowtown Inc.debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $16.5K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Axiom Advisors Limited Partnershipdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $15.8K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | WDK Management Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $5.99K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Harbour Conceptsdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $5.45K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | A Canadian Comfortdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $4.47K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | ORTECH Consulting Alliance Inc.debtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $3.8K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Waste Management of Canada Corproationdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $3.05K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Kuntz Forestry Consulting Inc. · in 2 casesdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $2.2K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Double Diamond Capital Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $2.08K | Notice to Creditors of NOI filing dated October 8, 2025 |
| 8 | Unsecured | Disha Financial Services Incdebtor: 177 Cross Argus Development Inc. · as of 2 Oct 2025 | $1.41K | Notice to Creditors of NOI filing dated October 8, 2025 |
Sale approved — the Stalking Horse Bid was determined to be the Successful Bid following rejection of a competing LOI, and the SISP did not proceed to Phase 2Second Report of the Receiver dated March 24, 2026 · 24 Mar 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 915643 Ontario Inc.Stalking horsethe Debtor's right, title and interest in and to the assets described in the APS (the "Purchased Assets") · asset sale · agreement 14 Jan 2026 | Credit bidPurchase Price largely satisfied by way of a credit bid, comprising Receiver's Charge Amount and other priority amounts | Closed22 Apr 2026outside 30 Apr 2026 | Third Report of the Receiver dated September… |
1 engagement · 1 firm — Albert Gelman Inc., the PeriodSecond Report of the Receiver · 24 Mar 2026
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Albert Gelman Inc.Receiver | the Period | — | — | $530.56stated average | Second Report of the Receiver · 24 Mar 2026 |
Cumulative receipts
$641K
As at 11 Sep 2026Third Report of the Receiver dated September 11, 2026
Cumulative disbursements
$553K
As at 11 Sep 2026Third Report of the Receiver dated September 11, 2026
Cash on hand
$88K
As at 11 Sep 2026Third Report of the Receiver dated September 11, 2026
Professional fees to date
$37.4K
As at 11 Sep 2026Third Report of the Receiver dated September 11, 2026
| Date | Document | File |
|---|---|---|
| Motion Record of the Receiver (returnable September 18, 2026) | ||
Third Report of the Receiver dated September 11, 2026
| ||
| Receiver’s Certificate dated April 22, 2026 | ||
Endorsement dated March 31, 2026
| ||
| Motion Record of the Receiver (returnable March 31, 2026) | ||
Order (Ancillary Relief) dated March 31, 2026
| ||
Order (Approval and Vesting) dated March 31, 2026
| ||
Second Report of the Receiver dated March 24, 2026
| ||
| Ancillary Order dated January 20, 2026 | ||
Endorsement dated January 20, 2026
| ||
| Motion Record of the Receiver (returnable Jan. 20, 2026) | ||
Priority Claims Procedure Order dated January 20, 2026
| ||
SISP Order dated January 20, 2026
| ||
| First Report of the Receiver dated January 13, 2026 | ||
| Endorsement dated Nov 27, 2025 | ||
Order Appointing Receiver dated November 27, 2025
| ||
| Endorsement dated November 20, 2025 | ||
Endorsement dated November 18, 2025
| ||
Order – Withdrawal of NOI dated November 18, 2025
| ||
| Application Record dated November 13, 2025 | ||
| Motion Record dated November 13, 2025 | ||
| Court Order dated October 30, 2025 | ||
| Endorsement dated October 30, 2025 | ||
First Report of the Proposal Trustee dated October 29, 2025
| ||
Motion Record dated October 28, 2025
| ||
Notice to Creditors of NOI filing dated October 8, 2025
| ||
| Certificate for the Notice of Intention 177 Cross Argus Development Inc. — NOI filed, Ontario. | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “177 Cross Argus Development Inc.” (NOI), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/177-cross-argus-development-inc