Proceedings.

Cornwall Volkswagen

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Proceeding
Proposalsubsection 50.4(1) of the Act
Court
Ontario Superior Court of Justice
File
BK-23-03025642-0033
Industry
Retail · Vehicle dealers
Filings held31
Last activity28 May 2024
On the record1,049 days
OverviewSummary updated

Cornwall Volkswagen — the dealership operated through OEM Automotive Cornwall Inc., together with OEM Automotive Solutions Inc. and OEM Automotive Holdings Inc. — is in Division I proposal proceedings under the Bankruptcy and Insolvency Act before the Ontario Superior Court of Justice (In Bankruptcy and Insolvency), under court file numbers BK-23-03025642-0033 and BK-33-03025642. BDO Canada Limited is the Licensed Insolvency Trustee. The list of creditors with claims of $250 or more attached to the notice of intention records unsecured claims against OEM Automotive Cornwall Inc. led by Glenn Joseph Macdonell at $1,000,000, 11678833 Canada Inc. and Christina Grant at $882,000 each, and the Bank of Montreal at $492,547.28, with $250 claims each from the Workplace Safety and Insurance Board, the Ontario Ministry of Finance and the Canada Revenue Agency. The proceedings remain active.

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Case updates29 dated entries · 2 undated
#Sale

The court granted an approval and vesting order for the sale to Mark Motors of Ottawa (1987) Limited, Mrak Holdings Inc. Closing terms, as extracted: vesting effective upon delivery of the Proposal Trustee's Certificate confirming payment of purchase price, satisfaction/waiver of closing conditions, and completion of the Transaction. Sealed: unredacted Sale Agreement in Confidential Supplementary Report.

Source: Approval and Vesting Order of Justice Kershman April 3, 2024

Undated filings2 — no date appears on the document · show
Parties

Debtor

Cornwall Volkswagen

Proposal trustee

BDO

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice MacLeodOntario Superior Court of Justice3 orders, May 202422 cases on record
Justice KershmanOntario Superior Court of Justice3 orders, Apr 202419 cases on record
Justice BellOntario Superior Court of Justice2 orders, Feb 20248 cases on record
Justice KaufmanOntario Superior Court of Justice2 orders, Jan 20242 cases on record

Counsel of record

PartyCounselFirst seenSource
Proposal trusteeBDOFogler, Rubinoff LLP3 Apr 2024Endorsement · 3 Apr 2024
CreditorOEM Automotive Cornwall IncLoopstra Nixon LLP17 Jan 2024Endorsement · 17 Jan 2024
CreditorOem Automotive Cornwall Inc., OEM Automotive Holdings IncLoopstra Nixon LLP27 Feb 2024Order · 27 Feb 2024
CreditorVgcaBorden Ladner Gervais LLP10 Jan 2024Application · 10 Jan 2024
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
Priority classCreditorAmountSource
UnsecuredGlenn Joseph Macdonellas of NOI filing date — debtor: OEM Automotive Cornwall Inc.$1MOEM Automotive Cornwall NOI Package
Unsecured
Unsecured
Unsecured
Unsecured
Unsecured
Unsecured

6 more claims in 1 class The stack holds Unsecured claims.

Every creditor and every amount, drawn to scale.

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Sale processAs stated in the filings

2 transactions · 2 approved — The Proposal Trustee is satisfied that the SISP was one with integrity and was a commercially reasonable, fair and open processThird Report of the Proposal Trustee · 27 Mar 2024

PurchaserPriceStatusSource
Mark Motors of Ottawa (1987) Limitedthe Debtors' right, title and interest in and to the property described as the "Purchased Assets" (excluding the Real Property) in the Sale Agreement (the "Business Assets") · asset sale · agreement 27 Mar 2024SubscribersApproved3 Apr 2024Approval and Vesting Order of Justice Kershman…
Mrak Holdings Inc.the Debtors' right, title and interest in and to the property described as the "Real Property" in the Sale Agreement (the "Real Property") · real property · agreement 27 Mar 2024SealedApproved3 Apr 2024Approval and Vesting Order of Justice Kershman…
AdvisorsDealer Solutions North America Inc. (sale agent)Third Report of the Proposal Trustee
Closing termsvesting effective upon delivery of the Proposal Trustee's Certificate confirming payment of purchase price, satisfaction/waiver of closing conditions, and completion of the TransactionApproval and Vesting Order of Justice Kershman April 3, 2024
Sealed materialsunredacted Sale Agreement in Confidential Supplementary ReportApproval and Vesting Order of Justice Kershman April 3, 2024
RecoveriesAs declared or paid

Secured creditors: shortfall. Bank of Montreal (BMO) paid in full · GrantCo a distribution.EstimatedMotion Record May 23, 2024 Volume 1 of 2 · 22 May 2024

ClassCreditorClaimsRecoveryBasisSource
Securedthe Companies' Secured Creditors—shortfallEstimatedper the proposal trusteeMotion Record May 23, 2024 Volume 1 of 2 · 22 May 2024
SecuredBank of Montreal (BMO)—paid in fullUnder the planper the proposal trusteeMotion Record May 23, 2024 Volume 1 of 2 · 22 May 2024
SecuredChristina Grant, 1921534 Ontario Ltd. (192), Seaway Toyota (1990) Inc. and/or 11678833 Canada Inc. (GrantCo)—interimconditionalFinalper the proposal trusteeInterim Distribution Order of Justice MacLeod May 28, 2024 · 28 May 2024
SecuredGlenn Joseph MacDonell (MacDonell)—paid in fullUnder the planper the proposal trusteeMotion Record May 23, 2024 Volume 1 of 2 · 22 May 2024
SecuredGrantCo—conditionalUnder the planper the proposal trusteeMotion Record May 23, 2024 Volume 1 of 2 · 22 May 2024

Each row is one filing's statement, copied as it reads and never computed. "Estimated" is the officer's forecast; "Under the plan" is the plan's or proposal's own term; "Final" is a declared or paid distribution; a row with no chip states no footing. A range is the two numbers stated; "of proven claims" is the document's own denominator.

2 blurred figures above

The claims and what each class or creditor recovers — each as the filing states it, with its source.

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Fees and ratesAs stated in the filings

1 engagement · 1 firm — BDO Canada Limited, 20 Jan – 22 Mar 2024Third Report of the Proposal Trustee · 27 Mar 2024

FirmPeriodHoursFeesRatesSource
BDO Canada LimitedProposal trustee20 Jan – 22 Mar 2024——Third Report of the Proposal Trustee · 27 Mar 2024

1 blurred figure above

What the firm billed — each as the filing states it, with its source.

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Documents
31 filings
DateDocumentFile
Ancillary Order of Justice MacLeod May 28, 2024
  • Counsel Fogler, Rubinoff LLP
  • Presiding officer Justice MacLeod
PDF · Subscribers
Endorsement of Justice MacLeod May 28, 2024
  • Presiding officer Justice MacLeod
PDF · Subscribers
Interim Distribution Order of Justice MacLeod May 28, 2024
  • Counsel Fogler, Rubinoff LLP
  • Presiding officer Justice MacLeod
  • Recovery outcome Entries: per actual · Stated on: 2024-05-28 · Table missing:
PDF · Subscribers
Motion Record May 23, 2024 Volume 1 of 2
  • Recovery outcome Entries: per plan; per plan; per plan; per estimated; per estimated · Stated on: 2024-05-22 · Table missing:
PDF · Subscribers
Motion Record May 23, 2024 Volume 2 of 2
  • Court SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY & INSOLVENCY)
  • Court file no BK-23-03025642-0033
PDF · Subscribers
Fourth Report of the Proposal TrusteePDF · Subscribers
Ancillary Order of Justice Kershman April 3, 2024
  • Counsel Fogler, Rubinoff LLP
  • Presiding officer Justice Kershman
PDF · Subscribers
Approval and Vesting Order of Justice Kershman April 3, 2024
  • Closing terms vesting effective upon delivery of the Proposal Trustee's Certificate confirming payment of purchase price, satisfaction/waiver of closing conditions, and completion of the Transaction
  • Order date 3 April 2024
  • Presiding officer Justice Kershman
  • Purchaser Mark Motors of Ottawa (1987) Limited · the Debtors' right, title and interest in and to the property described as the "Purchased Assets" (excluding the Real Property) in the Sale Agreement (the "Business Assets") · asset sale · approved; Mrak Holdings Inc. · the Debtors' right, title and interest in and to the property described as the "Real Property" in the Sale Agreement (the "Real Property") · real property · approved
  • + 2 more extracted facts
PDF · Subscribers
Endorsement of Justice Kershman April 3, 2024
  • Counsel Fogler, Rubinoff LLP
  • Presiding officer Justice Kershman
PDF · Subscribers
Motion Record March 27, 2024
  • Court SUPERIOR COURT OF JUSTICE
  • Court file no BK-33-03025642
  • Province ONTARIO
PDF · Subscribers
Third Report of the Proposal Trustee
  • Purchaser Mark Motors of Ottawa (1987) Limited · vesting the business assets in Mark Motors · asset sale · proposed; Mrak Holdings Inc. · the real property in Mrak Holdings Inc. (the 'Real Estate Purchaser') · real property · proposed
  • Sale advisor Dealer Solutions North America Inc. (sale agent)
  • Sale outcome Approval pending — The Proposal Trustee is satisfied that the SISP was one with integrity and was a commercially reasonable, fair and open process
  • Fee schedule Subscribers
  • + 1 more extracted fact
PDF · Subscribers
Endorsement of Ryan Bell J February 27, 2024
  • Presiding officer Justice Ryan Bell
PDF · Subscribers
Order of Ryan Bell J February 27, 2024
  • Counsel Loopstra Nixon LLP
  • Presiding officer Justice Ryan Bell
PDF · Subscribers
Motion Record February 21, 2024
  • Court SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY)
  • Court file no BK-23-03025642-0033
PDF · Subscribers
Second Report of the Proposal TrusteePDF · Subscribers
Endorsement of Kaufman J re OEM Initial NOI Relief
  • Counsel Loopstra Nixon LLP
  • Presiding officer Justice Kaufman
PDF · Subscribers
Order of Kaufman J re OEM Initial NOI Relief
  • Presiding officer Justice Kaufman
PDF · Subscribers
First Report of the Proposal TrusteePDF · Subscribers
Confirmation of Motion
  • Appointee BDO CANADA LIMITED
  • Appointee role Licensed Insolvency Trustee
  • Counsel Borden Ladner Gervais
  • Court SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY)
  • + 2 more extracted facts
PDF · Subscribers
Motion Record
  • Applicant OEM Automotive Cornwall Inc., OEM Automotive Solutions Inc., and OEM Automotive Holdings Inc.
  • Court SUPERIOR COURT OF JUSTICE (IN BANKRUPTCY AND INSOLVENCY)
  • Court file no BK-33-03025642
PDF · Subscribers
OEM Automotive Cornwall Certificate of Filing NOIPDF · Subscribers
OEM Automotive Cornwall Letter to Creditors - NOIPDF · Subscribers
OEM Automotive Holdings Certificate of Filing NOIPDF · Subscribers
OEM Automotive Holdings Letter to Creditors - NOIPDF · Subscribers
OEM Automotive Solutions Certificate of Filing NOIPDF · Subscribers
OEM Automotive Solutions Letter to Creditors - NOIPDF · Subscribers
OEM Automotive Cornwall NOI Package
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
OEM Automotive Holdings NOI PackagePDF · Subscribers
OEM Automotive Solutions NOI Package
  • Appointee BDO Canada Limited / BDO Canada Limitée
  • Appointee role trustee
  • Commencement date 22 December 2023
  • Province Ontario
  • + 1 more extracted fact
PDF · Subscribers
Teaser - English
PDF · Subscribers
Teaser - Français
PDF · Subscribers

Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.

CiteProceedings., “Cornwall Volkswagen” (Proposal), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/cornwall-volkswagen

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Sources last checked · summary updated 21 August 2026 · Report a correction · Printed from proceedings.ca/case/cornwall-volkswagen

Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.