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THE ONE BLOOR WEST CONDO: OUR COMPLETE BILLION-DOLLAR CCAA CASE STUDY IN REAL ESTATE INSOLVENCY

The One Introduction: Toronto’s Resilient Icon at Bloor & Yonge Faces Financial Distress

For entrepreneurs and advisors across the GTA, the story of The One—now officially One Bloor West (the Project)—for some time now was Toronto’s most talked-about condo project. Now it is Toronto’s most talked-about troubled condo project. Its story offers a powerful real-world lesson in the mechanics and necessity of complex financial restructuring. As one of Toronto’s most ambitious luxury condo, hotel, and retail developments, its financial unravelling sent shockwaves through developers, creditors, and, most painfully, individual purchasers.

As a Licensed Insolvency Trustee and Senior Vice-President at Ira Smith Trustee & Receiver Inc., I’ve worked with businesses of all sizes, navigating financial distress. The One’s insolvency illustrates how court-supervised processes—specifically Receivership and the Companies’ Creditors Arrangement Act (CCAA)—can be used to stabilize troubled assets, preserve value, and manage multi-billion-dollar liabilities.

This case study explores the events that led to court intervention, the strategic decisions made to protect and enhance the Project’s value, and the difficult—but necessary—termination of hundreds of condo purchase agreements. For those advising companies facing critical debt and project risk, this case highlights the vital role of insolvency professionals in steering them toward recovery and maximizing value.

The One Descent Into Insolvency – A Pivotal Turning Point: Receivership and a New Beginning

Located at the southwest corner of Yonge and Bloor in Toronto, the 85-storey mixed-use tower was envisioned as a landmark. But Sam Mizrahi and Mizrahi Developments, the original developer, encountered years of delays, cost overruns, supply chain issues, and legal disputes.

Mounting financial strain led to court intervention. On October 18, 2023, the Ontario Superior Court of Justice (Commercial List) appointed a Receiver and Manager of the Project’s assets.

The Receiver’s Mandate

The Receiver’s role was clear but challenging: stabilize the Project, protect its value, and maximize recoveries for stakeholders. A critical early step was securing additional financing from senior secured lenders to keep construction moving.

The financial distress was immense. As of the Receivership Date, secured debt totalled approximately $1.9 billion, including accrued interest. By September 30, 2025, that figure had surpassed $2.0 billion. Notably, purchasers of condo units were not among the secured creditors—highlighting the precariousness of their position.

During this phase, the Receiver reviewed all existing contracts, including condominium sales agreements (CSAs), and assessed unit fair market values. Importantly, the Receiver made it clear that early communications did not affirm any contracts and reserved the right to disclaim them if necessary.

The One Pivot to CCAA Protection and Strategic Governance

Insolvencies of this complexity often require transitioning between legal frameworks. While Receivership provided initial stabilization, the Project ultimately moved under the CCAA to enable a more flexible and strategic restructuring.

This transition occurred on April 22, 2025, when the Court issued the Initial Order. The Receiver was appointed as Monitor, and FAAN Advisors Group Inc. became the Chief Restructuring Officer (CRO).

Why the CCAA Was Essential

For GTA businesses considering restructuring, The One demonstrates the advantages of the CCAA over traditional receivership in complex, ongoing developments:

  1. Ordinary Course Sales: Under the CCAA, the restructured Companies could sell units in the ordinary course of business—rather than through a Receiver’s “as-is, where-is” process. This approach is expected to yield higher sale prices and better value realization.
  2. DIP Financing: The CCAA enabled approval of $615 million in Debtor-in-Possession (DIP) financing to fund construction and restructuring. This capital was critical to keeping the Project on track for completion in 2028.
  3. CSA Plan Implementation: Section 32 of the CCAA allowed the Companies to disclaim or resiliate agreements—an essential power for executing the Condominium Sales Agreement Plan (CSA Plan) aimed at maximizing asset value.

This strategic shift, supported by Tridel (the new project manager), the Monitor, and senior secured lenders, had one goal: to maximize the Project’s value.An anxious woman looks shocked in front of a dramatic skyscraper under stormy skies, with shattered glass and a chain breaking, highlighting the fallout of "The One" luxury condo project being rescinded in a billion-dollar real estate insolvency case study; featuring the Ira Smith Trustee & Receiver Inc. logo. This visual emphasizes "the one" as a major court-ordered CCAA real estate insolvency event.

Maximizing The One Value and The New Era: Tridel’s Stewardship and Renewed Promise

The restructuring team concluded that the original design and existing CSAs (the Base Configuration) no longer aligned with market realities. To protect creditor recovery, the strategy focused on boosting future residential sales revenue.

Independent Validation

The Receiver engaged respected market experts—Milborne Group and Urbanation Inc.—to assess the residential component’s value. Their findings were clear:

  • Milborne Group advised that aligning with a five-star luxury hotel brand could increase pricing by up to 20%.
  • Urbanation Inc. confirmed that reconfiguring unit sizes and mix could command a premium over the average price per square foot (PSF) under the existing CSAs.

The One CSA Plan Reconfiguration

Originally, the Project included 415 residential units. But by 2022, demand for small, investor-type condos had sharply declined. In response, the Monitor and Tridel implemented a reconfiguration strategy:

  • Reduced the total number of units to 411.
  • Converted smaller one-bedroom units into larger two-bedroom suites.
  • Shifted focus toward “ultra-luxury” units aligned with the anticipated hotel partnership.

This redesign, combined with the ability to resell units at significantly higher prices (compared to the $1,651 PSF average under the original CSAs), is projected to generate over $200 million in additional proceeds—directly benefiting the secured creditors.

Disclaiming The One Purchaser Contracts

Why Contracts Were Cancelled

  • Nearly all Purchase and Sale Agreements (CSAs) were terminated to maximize value for creditors.
  • Justice Osborne approved the disclaimer of 314 out of 329 contracts in November 2025.
  • Only 15 contracts were deemed economically viable to retain.

The One Legal Basis and Process

  • The Companies used Section 32 of the CCAA to disclaim agreements.
  • Notices were sent on October 24, 2025, with termination effective November 23, 2025.
  • The Monitor and CRO argued this was necessary due to insolvency and creditor recovery needs.

Buyer Reaction and Court Response

  • Many buyers were emotionally devastated, with some attending court to oppose the motion.
  • Justice Osborne acknowledged the hardship but emphasized the developer’s insolvency.
  • Only one formal objection was filed by the November 10 deadline.
  • Buyers were informed that any damage claims would be unsecured and likely unrecoverable.

The One Deposit Return Protocol

Protection Mechanisms

  • Total deposits under disclaimed CSAs: approx. $87.5 million.
  • Two protections in place:
  1. Tarion Bond – covers first $20,000.
  2. Excess Deposit Insurance – provided by Aviva Insurance Company of Canada for amounts over $20,000.

Court-Approved Refund Process

  • Justice Osborne approved the protocol on November 17, 2025.
  • Refunds include principal + interest (per Condominium Act, 1998).
  • Administered by Aviva’s agent.

Steps for Buyers

  • Submit documents via the Agent’s website:
  1. Release and Termination Agreement
  2. Government-issued ID
  3. Original CSA
  4. Refunds issued within 10 business days of Tarion confirmation.An anxious woman looks shocked in front of a dramatic skyscraper under stormy skies, with shattered glass and a chain breaking, highlighting the fallout of "The One" luxury condo project being rescinded in a billion-dollar real estate insolvency case study; featuring the Ira Smith Trustee & Receiver Inc. logo. This visual emphasizes "the one" as a major court-ordered CCAA real estate insolvency event.

The One Market Impact and Buyer Implications

Buyer Losses

  • Buyers lost units purchased at 2017–2018 prices, now far below the current market value.
  • Many expressed concern over the fairness and transparency of pre-construction contracts.

Market Lessons

  • The case highlights risks in pre-construction real estate, especially in insolvency scenarios.
  • Government addendums may give developers Its, eroding buyer confidence.

Early Purchase Opportunity

  • Disclaimed buyers were offered early access to new units before public sale (mid-to-late 2026).
  • New units are priced significantly higher due to luxury rebranding and market appreciation.

FAQs: Understanding the Financial Restructuring of One Bloor West

Q1: What is One Bloor West, and why is it important?

One Bloor West is a luxury condo, hotel, and retail building planned for the corner of Yonge and Bloor in Toronto. It was supposed to be an 85-storey tower and one of Canada’s tallest buildings. At first, it was a symbol of ambition, but delays and financial problems turned it into one of Toronto’s most troubled real estate projects.

Q2: What caused the financial problems?

The original developer, Sam Mizrahi of Mizrahi Developments, faced years of setbacks. These included construction delays, rising costs, supply chain issues, and legal battles. Eventually, the financial pressure became too much, and in October 2023, the Ontario Superior Court appointed a Receiver to take control of the project.

Q3: How much debt did the project have?

By the time the court stepped in, the project had about $1.9 billion in secured debt. By September 2025, that number had grown to over $2 billion. People who bought condo units were not considered secured creditors, meaning they were not first in line to get their money back.

The project first went into receivership, which helped stabilize it. Then, in April 2025, it moved under the Companies’ Creditors Arrangement Act (CCAA). This law gave the team more flexibility to restructure the project and try to save its value.

Q5: Why was switching to the CCAA important?

The CCAA allowed for:
Regular Sales: Units could be sold normally, not just as-is, which helped get better prices.
New Financing: The court approved $615 million in new funding to keep construction going.
Contract Changes: The team could cancel or change old agreements that no longer made financial sense.

Q6: Why were most condo purchase agreements cancelled?

Out of 329 original condo contracts, 314 were cancelled. The court agreed that keeping them would hurt the project’s value. Only 15 contracts were kept because they still made financial sense.

Q7: What was the new plan to increase the project’s value?

The team redesigned the building to focus on ultra-luxury units, possibly with a hotel partner. They reduced the number of units from 415 to 411 and made many one-bedroom units into larger two-bedroom suites. Experts believe this could raise prices by up to 20% and bring in over $200 million in extra revenue.

Q8: What happened to buyers’ deposits?

Buyers whose contracts were cancelled had about $87.5 million in deposits. Two protections were in place:
Tarion Warranty: Covered the first $20,000.
Aviva Insurance: Covered amounts above $20,000.
Refunds included the original deposit plus interest, following Ontario’s Condominium Act.

Q9: What can businesses learn from this case?

Three key lessons stand out:

  1. Secured creditors come first: Every decision is aimed to protect those who lent the most money.
  2. Adapting to market changes is crucial: The project had to shift to meet luxury market demands.
  3. Legal flexibility matters: The CCAA helped cancel outdated contracts and move forward.An anxious woman looks shocked in front of a dramatic skyscraper under stormy skies, with shattered glass and a chain breaking, highlighting the fallout of "The One" luxury condo project being rescinded in a billion-dollar real estate insolvency case study; featuring the Ira Smith Trustee & Receiver Inc. logo. This visual emphasizes "the one" as a major court-ordered CCAA real estate insolvency event.

The One Business Lesson: Proactive Restructuring

For GTA entrepreneurs and the professional advisor community, the restructuring of The One offers a compelling case study in strategic insolvency management. It highlights three essential principles that can guide businesses through financial turbulence:

1. Secured Creditor Priority Is Paramount

Every major decision—from pivoting to CCAA protection, conducting market research, and redesigning the project, to disclaiming 314 contracts—was driven by the imperative to maximize recovery for Senior Secured Lenders. In Canadian insolvency law, fulcrum creditors (those most at risk of loss) hold significant influence in shaping and approving restructuring plans. Their interests must be prioritized to ensure legal and financial viability.

2. Market Realignment as a Survival Tool

The Project’s original failure stemmed from poor planning (too many small investor units) and shifting market dynamics. The restructuring demanded a bold pivot: redesigning the development to meet ultra-luxury market expectations and partnering with a trusted builder like Tridel. In times of distress, survival hinges on aggressive, market-responsive strategies that unlock asset value and restore stakeholder confidence.

3. The CCAA Enables Contractual Flexibility

Unlike many legal frameworks, the CCAA empowers debtors—under court-appointed Monitor oversight—to disclaim burdensome contracts, including long-term purchase agreements. This flexibility is vital when legacy obligations obstruct operational or financial recovery.

The One Expertise in the Eye of the Storm

The One Bloor West restructuring journey—from the tallest building Receivership to a court-approved CCAA plan—required balancing billions in secured debt, divergent stakeholder interests, and the expectations of hundreds of purchasers, all while constructing Canada’s tallest building. The successful implementation of the CSA Plan and Deposit Return Protocol safeguards buyer deposits and preserves long-term value for senior creditors.

This case underscores a critical truth: when a business faces overwhelming financial headwinds, decisive action and expert legal navigation are non-negotiable. Whether it’s a high-profile real estate insolvency or a smaller corporate crisis, the path to stability demands seasoned guidance to transform chaos into clarity.

Your Partner in Restructuring

At Ira Smith Trustee & Receiver Inc., we specialize in helping GTA entrepreneurs and businesses navigate these pivotal moments. If your company is burdened by debt, locked into unworkable contracts, or approaching a financial breaking point, engaging a Licensed Insolvency Trustee isn’t just prudent—it may be the only way to stop the bleeding, stabilize operations, and build a solvent future.

Our team brings the same level of strategic insight, legal acumen, and hands-on execution that defined The One Bloor West troubled condo project turnaround. We don’t just manage crises—we engineer recoveries.

If your business is in distress, don’t wait. Contact Ira Smith Trustee & Receiver Inc. today to take proactive steps toward financial stability.

P: 905.738.4167

Toronto line: 647.799.3312

brandon@irasmithinc.com or ira@irasmithinc.com

https://irasmithinc.com/

Disclaimer: This analysis is for educational purposes only and is based on the cited legal decisions and my professional expertise as a licensed insolvency trustee. The information provided does not constitute legal or financial advice for your specific circumstances.

Every situation is unique and involves complex legal and factual considerations. The outcomes discussed in this article may not apply to your particular situation. Court decisions are fact-specific and depend on the particular circumstances of each case.

Please contact Ira Smith Trustee & Receiver Inc. or consult with qualified legal or financial professionals regarding your specific matter before making any decisions.

About the Author:

Brandon Smith is a Senior Vice-President at Ira Smith Trustee & Receiver Inc. and a licensed insolvency trustee serving clients across Ontario. With extensive experience in complex court-ordered receivership administration, corporate restructuring, and insolvency proceedings, Brandon helps businesses, creditors, and professionals navigate challenging financial situations to achieve optimal outcomes.

Brandon stays current with landmark developments in Canadian insolvency law, including the recent The One decision that is reshaping receivership practice. He brings this cutting-edge knowledge to every client engagement, ensuring his clients benefit from the most current understanding of their rights and options.An anxious woman looks shocked in front of a dramatic skyscraper under stormy skies, with shattered glass and a chain breaking, highlighting the fallout of "The One" luxury condo project being rescinded in a billion-dollar real estate insolvency case study; featuring the Ira Smith Trustee & Receiver Inc. logo. This visual emphasizes "the one" as a major court-ordered CCAA real estate insolvency event.

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Brandon Blog Post

ONTARIO’S RISING MORTGAGE DEFAULT PROBLEM: THE ALARMING TRUTH YOU NEED TO KNOW

A few months ago, I drove past something troubling. A house appeared to sit empty for weeks, then a realtor’s for-sale sign with the extra wording “Power of Sale” appeared on the lawn. As a Licensed Insolvency Trustee serving the Greater Toronto Area, I believed this wasn’t just a one-off situation. What I discovered when I looked into Ontario’s mortgage default numbers was far more concerning than I expected.

A few weeks ago, I wrote about the debt problems of normal GTA residents who invested in pre-construction Toronto condos, who cannot afford to complete the purchase when the condo was available to close on. This is a different problem – those who closed on the purchase of their GTA home but now cannot afford to pay the mortgage, creating a mortgage default in the GTA.

Understanding Mortgage Default in Ontario

A mortgage default happens when a homeowner can’t make their mortgage payments for roughly 3 months or more. Global News has reported that in Ontario, we’re seeing mortgage default rates climb faster than at any time in recent years. The numbers tell a story that many homeowners and professionals need to understand.

That is the most common type of default. But in Ontario, mortgage default doesn’t just mean missing payments. You can also default if you stop paying your property taxes, let your home insurance lapse, or fail to maintain your property in reasonable condition. When any of these things happen, your lender has the legal right to start a Power of Sale process to sell your home and recover their money.

Here’s what’s important: if you’re struggling to make payments, call your lender right away. Many lenders will work with you by extending your mortgage term, temporarily reducing payments, or waiving late fees. The key is reaching out before you miss multiple payments—the earlier you ask for help, the more options you’ll have.

According to its August 18, 2025, Newsroom publication, Equifax Canada reported that Ontario’s 90-day mortgage default rate in Q2 2025 was 0.27% representing a year-over-year increase of 11 basis points. Even more striking: reporting indicates that defaults are now 50% higher than before the pandemic. Over 11,000 Ontario homeowners missed mortgage payments in late 2024 alone.

Why the Real Numbers Are Higher Than You Think

Here’s what concerns me as someone who works directly with struggling homeowners: the official numbers don’t show the complete picture. When you see mortgage default statistics in the news, they’re missing a huge piece of the puzzle—private mortgage lending. The Financial Services Regulatory Authority of Ontario (FSRA) reports that private mortgage lending defaults are not included in the reported numbers. The reported numbers only include data from commercial banks and other financial institution mortgage lenders offering conventional mortgage financing.

The Private Lending Blind Spot

Private mortgage lenders serve borrowers who can’t qualify with major banks. These include:

  • Real estate investors
  • People with credit challenges
  • People requiring bridge financing
  • Those who need quick financing

Private lenders don’t always report their defaults to Equifax or TransUnion Canada. This means the real mortgage default rate in Ontario could be significantly higher than what’s publicly reported.

I’ve seen this firsthand in my practice. Clients come to me after defaulting on private mortgages, normally second mortgages, often owing much more than their homes are worth. By the time they reach out, they’re facing Power of Sale proceedings and a judgment against them for the full loan amount, as the house has not been sold yet. When it does, it is certain to cause a shortfall to the lender. These people in financial distress have few options left.Stressed homeowner reviewing mortgage default bills and calculator at kitchen table in Toronto home

What’s Driving Mortgage Defaults in Ontario?

Many people blame rising interest rates, and they’re partly right. The Bank of Canada has reported on the impact of higher mortgage rates. The Bank of Canada raised rates sharply after 2022, causing mortgage payments to jump for anyone who elected for a variable rate when pandemic interest rates made the money about as close to free as you can get. IG Wealth Management reports that mortgage variable interest rates saw a significant increase to a peak of around 5.95% in late 2024, from their lowest point of around 0.25% in March 2020. But that’s not the whole story.

The Real Causes Run Deeper

Unaffordable Housing: For years, home prices in Ontario climbed faster than incomes. Many families stretched their budgets for the home purchase, leaving no cushion for unexpected problems.

High Household Debt: TransUnion Canada reported that Canadians carry record levels of debt beyond their mortgages—credit cards, car loans, and lines of credit. When mortgage payments rise, these other debts become impossible to manage.

Risky Lending Practices: Before rates went up, some lenders approved mortgages for people who could barely afford them. They assumed home prices would keep rising forever.

Change in employment conditions: When someone loses their job or has their hours cut, their income either drops or is completely lost. A mortgage default can then happen quickly—especially if they were already living paycheque to paycheque.

Warning Signs of Mortgage Default

As a Licensed Insolvency Trustee, I’ve worked with real estate investors who own several residential homes (including condos), including their matrimonial home, facing mortgage default. Here are the early warning signs I see most often:

  • Juggling payments: Using credit cards to make normal food purchases, as all their cash is going to keep the properties propped up, or use a line of credit to make mortgage payments
  • Missing other bills: Skipping utility or credit card payments to cover the mortgage
  • Borrowing from family: Repeatedly asking relatives for money to stay afloat
  • Avoiding mail: Not opening letters from your lender because you’re scared of what they say
  • Losing sleep: Constant worry about money affecting your health and relationships

If you recognize these signs in your own life, you’re not alone—and there are options available to help.Stressed homeowner reviewing mortgage default bills and calculator at kitchen table in Toronto home

What Happens During Mortgage Default

Understanding the mortgage default process can help you act before it’s too late.

The Timeline

Months 1-2: You miss one or two payments. Your lender will call and send letters asking you to catch up.

Month 3: After 90 days, you’re officially in mortgage default. Your lender may issue a demand letter requiring full payment within a specific timeframe.

Months 4-6: If you can’t pay, your lender will start Power of Sale proceedings (in Ontario). This legal process allows them to sell your home to recover their money. They will probably also sue you and get a judgment for the full mortgage debt. The amount of their claim will be reduced after they receive the net sale proceeds from the sale of your property. This final amount is called their shortfall claim. It will not only include their outstanding principal amount, but also their interest costs and legal fees.

In private mortgages, once the mortgage loan goes into default, under the mortgage agreement, the private lender can charge extra fees. There would also be additional fees incurred because of the default status. All these costs are added to the principal balance outstanding, which increases the shortfall.

Months 4-6+: Your home gets listed for sale. If it doesn’t sell, your lender may eventually take ownership.

The exact timeline varies based on your lender, your situation, and how quickly you respond to their communications.

Power of Sale vs. Foreclosure: Ontario’s System

Under Ontario real estate law, lenders use the Power of Sale process rather than foreclosure. This matters because it affects your options and timeline. Quebec, British Columbia, Alberta, Manitoba, Saskatchewan, Nova Scotia, and the three territories use a foreclosure process.

Power of Sale means your lender can sell your home without going through court (though they must follow strict legal procedures). You still own the home during this process, and you have rights—including the right to pay off the debt and stop the sale.

This is different from foreclosure, where the lender takes ownership of your property through the courts. Ontario’s system is generally faster, which means you have less time to find a solution.Stressed homeowner reviewing mortgage default bills and calculator at kitchen table in Toronto home

What You Can Do If You’re Facing Mortgage Default

The worst thing you can do is ignore the problem. I’ve seen too many people wait until the Power of Sale notice arrives before seeking help. By then, their options are limited, and the stress is overwhelming.

Immediate Steps to Take

1. Contact Your Lender Right Away: Banks don’t want your house—they want their money. Many lenders will work with you on payment plans or temporary relief if you reach out early.

2. Review Your Budget Honestly: Look at every expense and see what you can cut. Even small changes can free up money for mortgage payments.

3. Consider All Your Options: Depending on your situation, you might be able to:

  • Refinance to a lower rate or longer term
  • Sell your at least list your home for sale, before the Power of Sale begins
  • Rent out part of your home for extra income
  • Work out a payment plan with your lender

4. Get Professional Help: Talk to a Licensed Insolvency Trustee. We can explain options like consumer proposals or bankruptcy, which might help you keep your home or exit your debt in an organized way.

When Keeping Your Home Isn’t Possible

Sometimes, despite your best efforts, keeping your home just isn’t realistic. If your mortgage is much larger than what your home is worth, or if your income has dropped permanently, selling might be your best option.

A Licensed Insolvency Trustee can help you understand:

  • Whether you can sell before the Power of Sale begins
  • How to handle any remaining debt after the sale
  • What bankruptcy or a consumer proposal might mean for you
  • How to protect any equity you have in your home

The Emotional Side of Mortgage Default

I want to address something that doesn’t show up in the statistics: the emotional toll of facing mortgage default.

Clients often tell me they feel ashamed, like they’ve failed their families. They lose sleep, avoid social situations, and feel overwhelmed by constant worry. Some have health problems from the stress.

Here’s what I tell everyone who walks through my door: Facing financial trouble doesn’t make you a failure. Economic forces beyond your control—rising rates, job losses, unexpected expenses—can push anyone to the breaking point. What matters is taking action to protect yourself and your family.Stressed homeowner reviewing mortgage default bills and calculator at kitchen table in Toronto home

How Ontario’s Mortgage Default Crisis Affects Everyone

Even if you’re not personally facing mortgage default, this crisis matters. Here’s why:

Neighbourhood Property Values: When multiple homes in an area go into Power of Sale, it can drag down property values for everyone.

Community Stability: Families forced out of their homes disrupt schools, local businesses, and neighbourhood connections.

Economic Pressure: As more people struggle with mortgage payments, they cut spending elsewhere, affecting local economies.

Future Housing Affordability: If defaults lead to a crash in home prices, it could trigger broader economic problems that affect jobs and opportunities.

What Makes Ontario’s Situation Different

Working in the Greater Toronto Area, I see unique pressures that make Ontario’s mortgage default problem especially serious:

Extreme Housing Costs: Toronto and surrounding areas have some of the highest home prices in Canada. Even a small income disruption can trigger default.

Private Lending Concentration: The CBC reported that Ontario, particularly the GTA, has a large private lending market serving investors and those who can’t get traditional mortgages. These loans carry higher risk and aren’t fully tracked in official statistics.

Investor Activity: Many GTA properties are owned by investors who use leverage to buy multiple properties. When rental income drops or rates rise, these investors are often the first to default.

New Construction Pressures: Buyers of pre-construction condos who relied on getting financing to complete purchases are particularly vulnerable as projects take years to be completed for the purchaser to take possession. Although they bought the condo unit years ago, they cannot apply for financing until around 90 days before they have to complete the purchase. If either their income or the real estate market, or both, take a negative turn and they cannot qualify for the amount of financing they require, big problems arise.Stressed homeowner reviewing mortgage default bills and calculator at kitchen table in Toronto home

Mortgage Default: Questions to Ask Before Getting Help

If you’re considering reaching out to a Licensed Insolvency Trustee or financial advisor, here are good questions to ask:

  • What are all my options for dealing with a mortgage default?
  • Can I keep my home if I file a consumer proposal?
  • How long will each option take?
  • What will happen to my credit rating?
  • Are there any options I can pursue on my own first?
  • What documents should I bring to our first meeting?

At Ira Smith Trustee & Receiver Inc., we answer these questions clearly and honestly. There’s no cost for an initial consultation, and our job is to help you understand your choices—not to pressure you into any particular decision.

Mortgage Default: Taking Action Before It’s Too Late

Here’s the bottom line: if you’re struggling with your mortgage payments, the time to act is now—not when you receive a Power of Sale notice.

The earlier you seek help, the more options you’ll have. Whether that means working with your lender, selling your home on your terms, or exploring debt relief options, taking action puts you back in control.

Your Next Steps

If you’re facing a mortgage default in the Greater Toronto Area:

  1. Don’t panic, but don’t wait: The situation won’t fix itself, but solutions exist.
  2. Gather your information: Get copies of your mortgage documents, recent statements, and a list of all your debts and income.
  3. Reach out for professional guidance: A Licensed Insolvency Trustee can review your situation confidentially and explain your options at no cost.
  4. Keep communicating: Stay in touch with your lender, even if you don’t have good news. Silence makes everything worse.

Frequently Asked Questions About Mortgage Default in Ontario

Understanding Mortgage Default

Q: What exactly is mortgage default?

A: Mortgage default happens when you can’t make your mortgage payments for about three months (90 days) or more. Once you hit that 90-day mark, your lender considers your mortgage officially in default and can start taking legal action.

Q: How quickly are mortgage default rates rising in Ontario right now?

A: The numbers are climbing faster than we’ve seen in years. In Q2 2025, Ontario’s 90-day mortgage default rate hit 0.27%—that’s an 11 basis point jump from the year before. Even more concerning, defaults are now much higher than they were before the pandemic.

Q: Do the official statistics tell the whole story?

A: Unfortunately, no. The official numbers miss a huge part of the problem—private mortgage lending. The statistics you see reported only include commercial banks and traditional financial institutions. Private lenders don’t necessarily report their defaults to Equifax Canada or TransUnion Canada, which means the real mortgage default rate in Ontario is likely much higher than what gets published.

Q: Who typically uses private mortgage lenders?

A: Private lenders serve people who can’t get approved by the big banks. This includes:

  • Real estate investors buying multiple properties
  • People who need money quickly (bridge financing)
  • Those with credit problems or past bankruptcies
  • Self-employed individuals who can’t prove traditional income
  • Buyers of pre-construction properties

What Causes Mortgage Default?

Q: Why are so many people defaulting on their mortgages?

A: Everyone talks about rising interest rates, and yes, the Bank of Canada’s sharp rate hikes after 2022 made payments jump for people with variable-rate mortgages. But that’s only part of the story. The real causes include:

  • Unaffordable housing: Home prices in Ontario shot up way faster than wages, forcing families to stretch every dollar just to buy
  • Too much debt: Most Canadians are juggling mortgages plus credit cards, car loans, and lines of credit—when the mortgage payment goes up, something has to give
  • Risky lending: Before rates went up, some lenders approved mortgages for people who could barely afford them, betting that prices would keep climbing forever
  • Job loss: When someone loses their job or gets their hours cut, they can fall behind fast—especially if they were already living paycheque to paycheque
Q: What makes Ontario’s situation worse than other provinces?

A: Ontario, especially the Greater Toronto Area, faces unique pressures:

  • Sky-high housing costs: Toronto has some of Canada’s most expensive homes, so even a small income drop can push people into default
  • Heavy private lending: The GTA has a huge private lending market that serves risky borrowers, and these loans aren’t tracked properly
  • Investor problems: Many Toronto properties are owned by investors who borrowed heavily to buy multiple homes—they’re often the first to default when rents drop or rates rise
  • Pre-construction issues: Buyers of new condos can get stuck if their finances change before closing, leaving them unable to get the final mortgage they need
Q: What are the warning signs that I might be heading toward default?

A: From my years helping people in financial trouble, here are the red flags I see most often:

  • You’re using your line of credit or credit cards to make mortgage payments
  • You’re skipping other bills (utilities, credit cards) to keep up with your mortgage
  • You’re constantly borrowing money from family or friends
  • You’re afraid to open mail from your lender
  • You’re losing sleep and feeling stressed about money all the time

If you recognize yourself in any of these, please reach out for help now—don’t wait.

The Default Process

Q: What actually happens when my mortgage goes into default?

A: Here’s the typical timeline:

Months 1-2: You miss one or two payments. Your lender starts calling and sending letters asking you to catch up.

Month 3 (90 days): You’re now officially in default. Your lender may send a demand letter requiring you to pay the full amount owed within a specific timeframe.

Months 4-6: If you can’t pay, your lender starts Power of Sale proceedings. They can also sue you for the full mortgage debt.

Months 4-6+: Your home gets listed for sale by the lender.

Q: What’s the difference between Power of Sale and foreclosure?

A: Ontario uses the Power of Sale, which is different from the foreclosure process used in provinces like BC, Alberta, and Quebec.

Power of Sale (Ontario’s system):

  • Your lender can sell your home without going to court (though they must follow strict legal rules)
  • You still own the home during this process
  • You have the right to pay off the debt and stop the sale at any point before it’s sold
  • It’s generally faster than foreclosure, giving you less time to find a solution

Foreclosure (other provinces):

  • The lender actually takes ownership of your property through the courts
  • It’s usually a slower process
Q: Are there extra costs if I default on a private mortgage?

A: Yes, and this is important. Private lenders can charge significant extra fees once you go into default—it’s usually written into your mortgage agreement. These fees get added to what you owe, making the shortfall even bigger. This is one reason why private mortgage defaults can spiral out of control so quickly.

Getting Help

Q: What’s the worst mistake I can make if I’m struggling with my mortgage?

A: Ignoring the problem. Too many people stick their heads in the sand and wait until they get a Power of Sale notice before asking for help. By then, your options are much more limited, and your stress level is through the roof. The earlier you act, the more we can do to help.

Q: What should I do right now if I’m having trouble making payments?

A: Take these steps immediately:

  1. Call your lender: I know it’s scary, but banks would rather work out a payment plan than take your house. The sooner you contact them, the more willing they are to help.
  2. Look at your budget honestly: Go through every expense and see what you can cut. Even small savings add up.
  3. Know your options: You might be able to refinance, sell before the Power of Sale starts, rent out a room, or work out a payment arrangement.
  4. Talk to a Licensed Insolvency Trustee: We can explain all your options in a free, confidential meeting.
Q: How can a Licensed Insolvency Trustee help me?

A: As a Licensed Insolvency Trustee, I can help you:

  • Understand every option available for dealing with your default
  • Explain how a consumer proposal might let you keep your home while reducing your debt
  • Figure out if you can sell your home before the Power of Sale begins
  • Show you how to handle any money you still owe after your home is sold
  • Protect any equity you have in your property
  • Determine if bankruptcy might actually give you a fresh start

The initial consultation is always free and completely confidential. I’m here to explain your choices, not pressure you into anything.

Q: What should I bring to my first meeting with you?

A: Gather these documents before we meet:

  • Your mortgage documents and statements
  • Recent pay stubs or proof of income
  • A list of all your debts (credit cards, loans, lines of credit)
  • Your most recent property tax bill
  • Any letters from your lender

Don’t worry if you don’t have everything—we can still talk through your situation and figure out next steps.

Q: How much does it cost to talk to a Licensed Insolvency Trustee?

A: The initial consultation is free. There’s no charge to sit down with me, explain your situation, and learn about your options. If you decide to move forward with a consumer proposal or bankruptcy, we’ll explain all the costs upfront—there are never any hidden fees.

Q: Will contacting a Licensed Insolvency Trustee hurt my credit even more?

A: Simply meeting with me and discussing your options has no impact on your credit score. Only if you decide to file a consumer proposal or bankruptcy will it affect your credit—but if you’re already facing mortgage default, your credit is likely already damaged. The question is: what’s the best path forward to rebuild your financial life?

Final Thoughts on Ontario’s Mortgage Default Crisis

Ontario’s rising mortgage default rates represent more than just numbers on a page. Behind every statistic is a family facing tough decisions, sleepless nights, and an uncertain future.

What worries me most isn’t just the official numbers—it’s what those numbers don’t show. The private lending defaults, the stressed investors, the families barely hanging on—these aren’t all captured in the reports, but they’re very real.

If you’re one of those families, please know that help is available. As a Licensed Insolvency Trustee with years of experience serving the Greater Toronto Area, we’ve helped many people navigate mortgage default and find a path forward.

The situation might feel hopeless right now, but you have more options than you think. The first step is simply reaching out.

From our Vaughan office, we provide:

  • Free, confidential consultations
  • Expert guidance on bankruptcy alternatives
  • Consumer proposals that can reduce your debt
  • Corporate restructuring solutions
  • Court-supervised receiverships

Contact us today to discuss your situation. Let us help you understand your options and find the best solution for your financial future.

Brandon Smith, Licensed Insolvency Trustee
Senior Vice-President
Ira Smith Trustee & Receiver Inc.
167 Applewood Crescent, Suite 6
Vaughan, Ontario
Greater Toronto Area

905.738.4167

Toronto line: 647.799.3312

The information provided in this blog is intended for educational purposes only. It is not intended to constitute legal, financial, or professional advice. Readers are encouraged to seek professional advice regarding their specific situations. The content should not be relied upon as a substitute for professional guidance or consultation. The author, Ira Smith Trustee & Receiver Inc., and any contributors do not assume any liability for any loss or damage.


About the Author: Brandon Smith is a Licensed Insolvency Trustee with Ira Smith Trustee & Receiver Inc., serving the Greater Toronto Area. With years of experience helping individuals and families navigate debt challenges, Brandon provides clear, compassionate guidance for those facing mortgage default and other financial difficulties. If you’re struggling with mortgage payments, contact our office for a free, confidential consultation.Stressed homeowner reviewing mortgage default bills and calculator at kitchen table in Toronto home

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