NL

Bank owed $3.3M wants court to appoint receiver for Terra Nova Golf Resort

The BDC wants a court to get involved with receivership proceedings as quickly as possible, so that the course can be sold before the start of the golf season.

Privately-appointed receiver has had control of property since last fall

The Business Development Bank of Canada wants a Supreme Court judge to issue an order making BDO the court-appointed receiver for the Terra Nova Golf Resort, to help clear the way for the course to be sold before the golf season begins. (Fred Hutton/CBC)

The lawyer for a federal bank owed $3.3 million by the Terra Nova Golf Resort wants a court to get involved with receivership proceedings as quickly as possible, so that the course can be sold before the start of the golf season.

"The sooner we can have it heard, the better," Neil Jacobs said during a brief hearing at Newfoundland and Labrador Supreme Court on Tuesday morning.

Jacobs noted that golf season starts in May or June.

The Business Development Bank of Canada (BDC) was in court seeking an order to make BDO Canada Limited a court-appointed receiver for the assets and property of the resort and golf course located in Port Blandford, just west of Clarenville.

Last fall, BDO took control of Terra Nova as a privately-appointed receiver, at the request of BDC.

In general, privately-appointed receivers work on the behalf of the creditor who appointed them.

Court-appointed receivers represent the interests of everyone who is owed money.

As of Oct. 31, 2018, the operator of Terra Nova — Sports Villas Resort Inc. — owed at least $8 million to creditors, according to documents filed by BDO last fall.

The provincial government was among the unsecured creditors, for a debt of $500,000. The town of Port Blandford was owed more than $70,000.

BDO listed Terra Nova as having $8.9 million in property and assets at the time.

Among the assets of the Terra Nova Golf Resort are an 80-room hotel, along with nine- and 18-hole golf courses, and several rental chalets. (Fred Hutton/CBC)

Another company — Twin Rivers Golf Inc. — has since been added to the receivership proceedings.

According to court documents, that affiliated company held the leasehold interest in the golf course, and owns the golf carts and maintenance equipment there.

Parks Canada owns much of the land where the course is located, and has a rental agreement that is supposed to run until 2031.

Terra Nova Golf Resort consists of an 80-room hotel, nine- and 18-hole golf courses, and several rental chalets.  

The main creditor, the BDC, is a Crown corporation wholly owned by the federal government.

The matter is due back at Supreme Court in St. John's on March 12.

Read more stories from CBC Newfoundland and Labrador

ABOUT THE AUTHOR

Rob Antle and Jen White

CBC Investigates

Rob Antle and Jen White work for CBC's investigative unit in Newfoundland and Labrador.