On August 24, 2026, the Ontario Superior Court of Justice (the “Court”) issued an order (the “Initial Order”) granting the Companies protection under the CCAA. Pursuant to the Initial Order, BDO Canada Limited was appointed as the monitor of the Companies (the “Monitor”). The protections under the Initial Order were also extended to Rose Sutton Limited Partnership. The Initial Order provides a stay of proceedings through to September 3, 2026. The comeback hearing is scheduled for August 28, 2026. The Initial Order and all other materials filed with the Court are accessible on the Monitor’s website. For further information please contact Peter Stamadianos of BDO Canada Limited, by email at [email protected].
Claims Process
Court Documents
Application Record of the MarshallZehr Group Inc. (the “Applicant”) – August 17, 2026
Final Pre-Filing Report of BDO Canada Limited in its Capacity as Proposed Monitor – August 17, 2026
Affidavit of Alex Troop sworn August 17, 2026
Aide Memoire of MZ – August 18, 2026
Factum of Samuel G. Reisman – August 23, 2026
Aide Memoire of Applicant – August 23, 2026
Supplementary Affidavit of Alex Troop sworn August 23, 2026
Affidavit of Manav Acharya sworn August 23, 2026
Motion Record – Ducimus Capital Inc.- August 24, 2026
Initial Order, August 26, 2026
Endorsement, dated August 26, 2026
Motion Record (Applicant) - August 26, 2026
Factum of the Application - August, 27, 2026
Unit Sales Order - August 28, 2026
Amended and Restated Initial Order - August, 28, 2026.
Motion Record - September 11, 2026
Priority Claims Procedure Order - September 18, 2026
Motion Record - September 22, 2026
Court Reports
Pre- Filing Report - August 16, 2026
First Report of the Monitor - August 27, 2026
Second Report of the Monitor - September 11, 2026
Third Report of the Monitor - September 22, 2026
Notices
Notice to Creditors - August 27, 2026
Service List
Service List - August 25, 2026
Service List - August 27, 2026
Service List - September 8, 2026
Service List - September 16, 2026
Priority Claims Procedure
By Order of the Ontario Superior Court of Justice (Commercial List) made September 18, 2026 (the “Priority Claims Procedure Order”), BDO Canada Limited, the Court-appointed monitor (in such capacity, the “Monitor”) of 2055226 Ontario Inc., Alliance (Sutton) Inc., Berkstar Development Inc., Rose Sutton Limited Partnership and Rose Operating I GP Inc. (the “Respondents”) has been authorized to conduct a priority claims procedure (the “Priority Claims Procedure”) for the determination of certain priority claims against the Respondents.
What follows are the instructions for understanding and completing a Proof of Claim. Please note that capitalized terms that are not defined in this Instruction Letter shall have the meanings ascribed to them in the Priority Claims Procedure Order.
Please note that this Priority Claims Procedure is only in respect of Priority Claims pertaining to the Respondents and their Property.
- Any unsecured Claims or Claims that otherwise do not have evidence and/or a basis to rank ahead of the Secured Lender Claims are not being called for in this Priority Claims Procedure. Such Claims will not be reviewed, considered or addressed in this Priority Claims Procedure.
- Claims for deposits paid pursuant to APSs will not be considered or addressed in this Priority Claims Procedure.
- Post-Filing Claims will not be considered or addressed in this Priority Claims Procedure.
The Priority Claims Procedure is intended for any Person with a Priority Claim, including claims ranking in priority to the Secured Lender Claims, including valid construction lien holdback claims that are granted priority pursuant to the Construction Act (Ontario), whether unliquidated, contingent or otherwise against any of the Respondents or the Property. Please review the Priority Claims Procedure Order below for the complete procedure and relevant definitions.
If you have any questions regarding the Priority Claims Procedure, please contact the Monitor at the address provided below.
All notices and enquiries with respect to the Priority Claims Procedure should be addressed to:
BDO Canada Limited, in its capacity as court-appointed Monitor of 2055226 Ontario Inc. Alliance (Sutton) Inc., Berkstar Development Inc., Rose Sutton Limited Partnership and Rose Operating I GP Inc.
500-20 Wellington Street East, Toronto, Ontario, M5E 1C5
Attention: BDO Canada Limited – Hedge Road Claims
Email: [email protected]
- FOR PRIORITY CREDITORS SUBMITTING A PROOF OF CLAIM
If you believe that you have a Priority Claim, you must complete and submit a Proof of Claim along with any supporting documentation as described in Section E and F of the Proof of Claim.
Your Proof(s) of Claim must be received by 5:00 p.m. (Toronto time) on October 26, 2026, the Claims Bar Date, failing which such Priority Claim will be barred and extinguished, released and discharged forever.
Additional Proof of Claim forms and other information, including the Priority Claims Procedure Order, can be obtained by clicking this <Priority Claims Documents>, or by contacting the Monitor at the telephone number or email address indicated above and providing particulars as to your name, address and contact information.
It is your responsibility to ensure that the Monitor receives your Proof of Claim by the Claims Bar Date in respect of Priority Claims.
Priority Claims Documents
Schedule A - Notice to Priority Creditors
Schedule B - Instruction Letter for the Priority Claim Procedure
Schedule C - Proof of Claim, Pursuant to Priorty Claims Procedure Order made Sept 18, 2026
Schedule D - Notice of Revision or Disallowance of Claim
Schedule E - Notice of Dispute
Schedule F - Legal Description of Phase 1 Property in the Land Titles Office
Schedule G - Legal Description of Phase 2 and 3 Property in the Land Titles Office
Contact
For further information please contact Gary Choi of BDO Canada Limited, by email at [email protected] or phone number 647-730-089