Custom Ag et al.
- Proceeding
- Receivership (court-appointed)section 47(1) of the Bankruptcy and Insolvency Act, RSC 1985, c B-3, section 64(8) of The Personal Property Security Act, 1993, SS 1993, c P-6.2, and section 10-5(1) of The King's Bench Act, SS 2023, c 28
- File
- KBG-SA-01031-2024
Custom Ag et al. has been in court-appointed receivership since 5 September 2024, when the Court of King's Bench for Saskatchewan made a receivership order under section 243 of the Bankruptcy and Insolvency Act and provincial Judicature Act authority. The order was granted in Chambers by Justice A.R. Rothery. The proceeding is carried on the Court of King's Bench file numbered KBG-SA-01031-2024 and remains active. The record before this page contains no steps after the appointment date.
Notice of Application - Interim Distribution - Dated Aug 15, 2025 — Application / notice of application
The officer filed report no. Third Report. The Debtors ceased business operations and terminated employees prior to the Receiver's appointment; the Receiver has since been marketing and selling the Companies' remaining real properties (Culver, Sedley, and Inland Drive) and liquidating remaining assets via auction, with no ongoing business operations.
The court granted an approval and vesting order for the sale to Eric's Autobody (2016) Inc. Closing terms, as extracted: Upon the Receiver determining that the Transaction has closed to its satisfaction, the Receiver shall deliver to the Purchaser a Receiver's Certificate.
Notice of Application - Sale Approval - Dated Mar 3, 2025 — Application / notice of application
The officer filed report no. Second Report. The Companies are no longer operating; CAII's employees were terminated in 2024 and the Receiver is winding down the estate through environmental remediation, tax filings, and the marketing/sale of the Industrial Drive Property.
The court granted an approval and vesting order for the sale to the Debtors' Personal Property purchased by the Auction Purchasers through the Auction. Closing terms, as extracted: Vesting effective upon delivery of Receiver's Certificate confirming payment of purchase price and satisfactory completion of Auction Sales. Sealed: First Confidential Supplement and schedules thereto.
The officer filed report no. First Report. The Companies have ceased operations; the Receiver has secured the properties, conducted inventory counts, filed WEPP claims for former employees, and is running an auction process to liquidate remaining raw materials, finished goods and personal property.
Notice and Statement of the Receiver - Bermman Micronutients — Notice of receiver (s. 245 / Form 87)
Notice and Statement of the Receiver - Custom Agriculture — Notice of receiver (s. 245 / Form 87)
Receivership order granted in Chambers by Justice A.R. Rothery, placing Custom Ag et al. under court-appointed receivership and commencing the Saskatchewan proceeding.
Source: Interim Receivership Order – Dated September 5, 2024
Debtor
Custom Ag et al.
Receiver
BDO
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Elson | Court of King's Bench for Saskatchewan | 2 orders, Mar 2025 | 17 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverBDO | McDougall Gauley LLP | 3 Mar 2025 | Application · 3 Mar 2025 |
| ApplicantCanadian Imperial Bank of Commerce | McKercher LLP | 20 Feb 2025 | Application · 20 Feb 2025 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Canadian Imperial Bank of Commerce (CIBC) · in 72 casesTotal aggregate amount owing under the Custom Ag Credit Agreement and Bermman Haven Credit Agreement, per Parikh Affidavit — debtor: Custom Agriculture Intelligence Incorporated and Bermman Haven Incorporated · as of 9 Jul 2024 | $6.46M | First Report of the Interim Receiver |
This proceeding was commenced by a secured creditor. The record does not include the debtor’s own statement of assets and liabilities — that ceiling is the record’s, not this page’s.
7 transactions · 3 not completed · 2 approved · 1 proposed · 1 closed — Receiver recommends sale of Industrial Drive Property to EAI, pending court approvalSecond Report of the Receiver - Dated Feb 28, 2025 · 28 Feb 2025
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Auction Purchasers - end purchasers at auction, unnamedthe Debtors' Personal Property purchased by the Auction Purchasers through the Auction · auction | Subscribers | Approved7 Nov 2024 | Auction Approval Order – Dated Nov 7, 2024 |
| 101295875 Saskatchewan Ltd.the Industrial Drive Property · real property | Sealed | Not completed | Second Report of the Receiver - Dated Feb 28,… |
| Eric's Autobody (2016) Inc.the Debtor's right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · real property · agreement 23 Jan 2025 | Subscribers | Approved6 Mar 2025 | Sale Approval Order - Dated Mar 6, 2025 |
| MDL Real Estate Income Fund GP Inc.the property · real property · agreement 7 Aug 2025 | not stated | Proposed | Third Report of the Receiver - Dated Aug 13,… |
| Stockdales Prairie Development Limitedthe Culver Property · real property · agreement 31 Jan 2025 | not stated | Not completed | Third Report of the Receiver - Dated Aug 13,… |
| Bergen Offer for the Culver Property, withdrawnthe Culver Property · real property · agreement 19 Nov 2024 | not stated | Not completed | Third Report of the Receiver - Dated Aug 13,… |
| buyer of the BHI Lots, unnamedthe BHI Lots · real property | not stated | Closeddate not stated | Third Report of the Receiver - Dated Aug 13,… |
2 engagements · 2 firms — latest: BDO Canada Limited, 19 Sep 2024 – 31 Jul 2025Third Report of the Receiver · 13 Aug 2025
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| BDO Canada LimitedReceiver | 19 Sep 2024 – 31 Jul 2025 | — | — | Third Report of the Receiver · 13 Aug 2025 | |
| Cuelenaere LLPCounsel to the receiver | —Sought | — | — | not stated | Third Report of the Receiver · 13 Aug 2025 |
1 blurred figure above
What each firm billed — each as the filing states it, with its source.
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See all plansCumulative receipts
$2.43M
As at 13 Aug 2025Third Report of the Receiver - Dated Aug 13, 2025
Cumulative disbursements
As at
Cash on hand
As at
Professional fees
As at
3 more reported figures
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
| Order - Dated Dec 19, 2025 | PDF · Subscribers | |
| Brief of Law - Dated Aug 19, 2025 | PDF · Subscribers | |
Interim Distribution Order - Dated Aug 19, 2025
| PDF · Subscribers | |
Notice of Application - Interim Distribution - Dated Aug 15, 2025
| PDF · Subscribers | |
Third Report of the Receiver - Dated Aug 13, 2025
| PDF · Subscribers | |
Second 243 Amended and Restated Receivership Order - Dated Mar 7, 2025
| PDF · Subscribers | |
Brief of Law - Sale Approval and Vesting - Dated Mar 6, 2025
| PDF · Subscribers | |
Sale Approval Order - Dated Mar 6, 2025
| PDF · Subscribers | |
Affidavit of Craig Frith – Dated March 3, 2025
| PDF · Subscribers | |
Notice of Application - Sale Approval - Dated Mar 3, 2025
| PDF · Subscribers | |
Second Report of the Receiver - Dated Feb 28, 2025
| PDF · Subscribers | |
| Brief of Law on Foreclosed Lands - Dated Feb 27, 2025 | PDF · Subscribers | |
| Civil Chambers Appearance Memo - Dated Feb 27, 2025 | PDF · Subscribers | |
Notice of Application - Dated Feb 20, 2025
| PDF · Subscribers | |
Auction Approval Order – Dated Nov 7, 2024
| PDF · Subscribers | |
| Procedural Consolidation Order - Dated Nov 7, 2024 | PDF · Subscribers | |
First Report of the Receiver - Dated Nov 1, 2024
| PDF · Subscribers | |
| Notice and Statement of the Receiver - Bermman Haven | PDF · Subscribers | |
| Notice and Statement of the Receiver - Bermman Micronutients | PDF · Subscribers | |
| Notice and Statement of the Receiver - Custom Agriculture | PDF · Subscribers | |
| Notice and Statement of the Receiver - Green Chem | PDF · Subscribers | |
| Amended and Restated Receivership Order – Dated October 4, 2024 | PDF · Subscribers | |
Second Report of the Interim Receiver
| PDF · Subscribers | |
Amended Interim Receivership Order – Dated September 19, 2024
| PDF · Subscribers | |
| Receivership Order – Dated September 19, 2024 | PDF · Subscribers | |
First Report of the Interim Receiver
| PDF · Subscribers | |
Interim Receivership Order – Dated September 5, 2024
| 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., “Custom Ag et al.” (Receivership (court-appointed)), Court of King's Bench for Saskatchewan. Retrieved 4 November 2026, https://proceedings.ca/case/custom-ag-et-al