SKD Company
- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- 09-CL-7960
- Industry
- Manufacturing · Vehicles, parts & aerospace
SKD Company entered CCAA protection on January 21, 2009 before the Ontario Superior Court of Justice (Commercial List) under court file 09-CL-7960; the proceeding is closed. Its principal secured lender was Comerica Bank under a Revolving Credit Agreement dated December 14, 2004, secured by security agreements over all present and after-acquired personal property and charges over the Brampton and Milton properties. Comerica was owed US$15,101,374.46 as at January 18, 2009 under a Forbearance Agreement, including subordinated participations of $2,179,000 purchased by certain customers; by February 11, 2009 total secured indebtedness stood at US$16.8 million. Unsecured exposure included $9.1 million in accounts payable as at January 13, 2009 and a $9 million defined benefit pension shortfall on a wind-up basis as of September 2008.
A claims procedure has been established — see the order for deadlines.
Per the Order Amending D and O Claims Process Order dated February 5, 2010 dated 5 February 2010.
Motion Record of the Applicant - AlixPartners Restructuring Inc. dated July 20, 2026 — Application / notice of application
Motion Record of KSV Restructuring Inc. dated July 26, 2024 — Application / notice of application
Supplement to the Fifth Report of the Receiver dated September 16, 2013 — Court officer report
Preliminary Administration Report of the Trustee dated January 28, 2011 — Court officer report
Motion Record (including Third Report of the Receiver) returnable August 19, 2010 — Application / notice of application
Motion Record (including Second Supplement to the Second Report of the Receiver) returnable June 7, 2010 — Application / notice of application
Second Supplement to the Second Report of the Receiver dated June 2, 2010 — Court officer report
Initial order made, commencing CCAA proceedings on the Commercial List; customer interim funding to the Comerica facilities was arranged under a Subordinated Participations Agreement of the same date.
Precedent note
Three Ontario insolvency files had to decide who takes the money left in wound-up defined benefit plans. SKD's trustee, discharged in 2016, was reappointed and took 80% of one surplus; DCL's monitor settled for 55% of two; Accuride's monitor had the court approve paying both of its surpluses to the members.
Debtor
SKD Company
Monitor
Richter
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Campbell | Ontario Superior Court of Justice | 19 orders, Jan 2009 – May 2011 | 31 cases on record |
| Justice Ilchenko | Ontario Superior Court of Justice | 3 orders, Aug 2024 – Jul 2026 | 20 cases on record |
| Justice Morawetz | Ontario Superior Court of Justice | 3 orders, Apr 2009 | 141 cases on record |
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 2 orders, May 2014 | 111 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorRichter | Goodmans LLP | 5 Feb 2010 | Order · 29 Apr 2010 |
| ApplicantSKD Company | Lang Michener LLP (now McMillan LLP) | 21 Jan 2009 | Endorsement · 29 Jan 2009 |
| CreditorChrysler LLC, Chrysler Motors | Borden Ladner Gervais LLP | 11 Jun 2009 | Order · 11 Jun 2009 |
| CreditorDuff & Phelps Canada Restructuring Inc | Goodmans LLP | 30 May 2014 | Order · 30 May 2014 |
| CreditorDuff & Phelps Restructuring Inc., in its capa | Goodmans LLP | 30 May 2014 | Endorsement · 30 May 2014 |
| CreditorKSV Kofman Inc | Davies Ward Phillips & Vineberg LLP | 26 Jul 2024 | Application · 26 Jul 2024 |
| CreditorKSV Restructuring Inc | Goodmans LLP | 26 Jul 2024 | Application · 26 Jul 2024 |
| CreditorO'Brien Installations Ltd | Lang Michener LLP (now McMillan LLP) | 5 Mar 2009 | Application · 5 Mar 2009 |
| CreditorRSM Richte | Goodmans LLP | 30 May 2011 | Endorsement · 30 May 2011 |
| CreditorRSM Richter Inc | Goodmans LLP | 9 Jun 2009 | Order · 9 Jun 2009 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Comerica Bank (total secured indebtedness including Customer funding) · in 2 casesSame as above; Customer funding via subordinated participations pursuant to Subordinated Participations Agreement dated January 21, 2009 — Comprised of ~US$12.1 million principal plus ~US$4.7 million total Customer funding since commencement of CCAA proceedings — debtor: SKD Company / SKD Automotive Group LP (and related entities) · as of 11 Feb 2009 | $16.8M USD | Second Report of the Monitor dated February 13, 2009 |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 5 | PMSI / lessors | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
10 more claims in 3 classes The stack holds Secured, PMSI / lessors and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansthe Company: a distribution. Comerica paid in full · Paccar a distribution · Ready Machinery a distribution.EstimatedSecond Supplement to the Second Report of the Receiver · 2 Jun 2010
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | — | — | paid in full | Finalper the trustee | Motion Record · 3 Sep 2013 |
| Secured | Comerica | — | paid in full | Estimatedper the receiver | Second Supplement to the Second Report of the Receiver · 2 Jun 2010 |
| Secured | Paccar | — | Finalper the receiver | Second Supplement to the Second Report of the Receiver · 2 Jun 2010 | |
| Secured | Ready Machinery | — | Finalper the receiver | Second Supplement to the Second Report of the Receiver · 2 Jun 2010 | |
| Unsecured | the Company | — | conditional | Estimatedper the receiver | Second Supplement to the Second Report of the Receiver · 2 Jun 2010 |
| Unsecured | — | — | of proven claims | Finalper the trustee | Second Report of the Trustee · 15 Jul 2026 |
| Unsecured | SKD AG | — | a distribution | Estimatedper the receiver | Second Supplement to the Second Report of the Receiver · 2 Jun 2010 |
| class not placedSKD US | SKD US | — | paid in full | Finalper the receiver | Second Supplement to the Second Report of the Receiver · 2 Jun 2010 |
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.
5 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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See all plans6 engagements · 4 firms — latest: Goodmans LLP, 5 Dec 2023 – 30 Apr 2026, in feesSecond Report of the Trustee · 15 Jul 2026
| Firm | Period | Hours | Fees | Rates | Source | |||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| AlixPartners Restructuring, Inc.Trustee | 1 Aug 2025 – 28 Feb 2026 | — | — | not stated | Second Report of the Trustee · 15 Jul 2026 | |||||||||||||||||||||||||
| Duff & Phelps Canada Restructuring Inc.Receiver | — | — | — | Sixth Report of the Receiver · 23 May 2014 | ||||||||||||||||||||||||||
| Goodmans LLPCounselperiod 1 of 2 | 5 Dec 2023 – 30 Apr 2026 | 3 people | Second Report of the Trustee · 15 Jul 2026 | |||||||||||||||||||||||||||
3 people — Goodmans LLP, 5 Dec 2023 – 30 Apr 2026 · 7 blurred figures
| ||||||||||||||||||||||||||||||
| Goodmans LLPCounselperiod 1 of 2 | the Period | — | Motion Record of the Applicant - AlixPartners Restructuring Inc. · 20 Jul 2026 | |||||||||||||||||||||||||||
| KSV Restructuring Inc.Trusteeperiod 2 of 2 | 1 Apr – 30 Apr 2026 | 2 people | Second Report of the Trustee · 15 Jul 2026 | |||||||||||||||||||||||||||
2 people — KSV Restructuring Inc., 1 Apr – 30 Apr 2026 · 9 blurred figures
| ||||||||||||||||||||||||||||||
| KSV Restructuring Inc.Trusteeperiod 1 of 2 | 1 Mar – 31 Mar 2026 | 2 people | Second Report of the Trustee · 15 Jul 2026 | |||||||||||||||||||||||||||
2 people — KSV Restructuring Inc., 1 Mar – 31 Mar 2026 · 9 blurred figures
| ||||||||||||||||||||||||||||||
37 blurred figures above
What each firm billed, and each person’s hours and rate — each as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
Dividend Distribution and Discharge Order dated July 30, 2026
| PDF · Subscribers | |
Endorsement of Associate Justice Ilchenko dated July 30, 2026
| PDF · Subscribers | |
Motion Record of the Applicant - AlixPartners Restructuring Inc. dated July 20, 2026
| PDF · Subscribers | |
Second Report of the Trustee dated July 15, 2026
| PDF · Subscribers | |
| Proven Creditor Claims Register | PDF · Subscribers | |
| Certificate of Appointment updated October 1, 2024 | PDF · Subscribers | |
Court Order Appointment of Trustee dated August 13, 2024
| PDF · Subscribers | |
Motion Record returnable August 13, 2024
| PDF · Subscribers | |
Motion Record of KSV Restructuring Inc. dated July 26, 2024
| PDF · Subscribers | |
Report to Court re Reappointment of Trustee dated July 25, 2024
| PDF · Subscribers | |
| Trustee's Discharge Order dated October 26, 2016 | PDF · Subscribers | |
| Discharge Certificate of the Receiver dated January 28, 2015 | PDF · Subscribers | |
Discharge Order dated May 30, 2014
| PDF · Subscribers | |
Endorsement dated May 30, 2014
| PDF · Subscribers | |
Unofficial Transcript of the Endorsement dated May 30, 2014
| PDF · Subscribers | |
Motion Record (Part 1 of 3) returnable May 30, 2014
| PDF · Subscribers | |
| Motion Record (Part 2 of 3) returnable May 30, 2014 | PDF · Subscribers | |
| Motion Record (Part 3 of 3) returnable May 30, 2014 | PDF · Subscribers | |
Sixth Report of the Receiver dated May 23, 2014
| PDF · Subscribers | |
| Affidavit of Timothy Zeeb sworn September 16, 2013 | PDF · Subscribers | |
| Supplement to the Fifth Report of the Receiver dated September 16, 2013 | PDF · Subscribers | |
| Endorsement dated September 11, 2013 | PDF · Subscribers | |
Motion Record returnable September 11 ,2013
| PDF · Subscribers | |
| Order dated September 11, 2013 | PDF · Subscribers | |
Motion Record returnable September 11, 2013
| PDF · Subscribers | |
| Fifth Report of the Receiver dated July 5, 2013 | PDF · Subscribers | |
| Motion Record returnable July 5, 2013 | PDF · Subscribers | |
Endorsement (NS) dated May 30, 2011
| PDF · Subscribers | |
Endorsement (SKD) dated May 30, 2011
| PDF · Subscribers | |
Endorsement dated May 30, 2011
| PDF · Subscribers | |
Order dated May 30, 2011
| PDF · Subscribers | |
| Certificate of Appointment dated May 26, 2011 | PDF · Subscribers | |
| Motion Record returnable May 30, 2011 | PDF · Subscribers | |
| Fourth Report of the Receiver dated May 20, 2011 | PDF · Subscribers | |
| Motion Record returnable May 20, 2011 | PDF · Subscribers | |
| Letter to Creditors dated May 12, 2011 | PDF · Subscribers | |
| Preliminary Administration Report of the Trustee dated January 28, 2011 | PDF · Subscribers | |
| Notice of Bankruptcy and First Meeting of Creditors | PDF · Subscribers | |
| Certificate of Appointment dated January 11, 2011 | PDF · Subscribers | |
Approval and Vesting Order dated August 19, 2010
| PDF · Subscribers | |
| Endorsement dated August 19, 2010 | PDF · Subscribers | |
| Motion Record (including Third Report of the Receiver) returnable August 19, 2010 | PDF · Subscribers | |
| Third Report of the Receiver dated August 13, 2010 | PDF · Subscribers | |
Comerica Distribution Order dated June 7, 2010
| PDF · Subscribers | |
| Endorsement dated June 7, 2010 | PDF · Subscribers | |
| Motion Record (including Second Supplement to the Second Report of the Receiver) returnable June 7, 2010 | PDF · Subscribers | |
Second Supplement to the Second Report of the Receiver dated June 2, 2010
| PDF · Subscribers | |
Approval and Vesting Order dated April 29, 2010
| PDF · Subscribers | |
Order dated April 29, 2010
| PDF · Subscribers | |
| Supplement to the Second Report of the Receiver dated April 28, 2010 | PDF · Subscribers | |
| Motion Record returnable April 29, 2010 | PDF · Subscribers | |
Second Report of the Receiver dated April 21, 2010
| PDF · Subscribers | |
Order Amending D and O Claims Process Order dated February 5, 2010
| PDF · Subscribers | |
| Endorsement dated December 9, 2009 | PDF · Subscribers | |
Amended D and O Claims Process Order dated November 4, 2009
| PDF · Subscribers | |
| Endorsement dated November 4, 2009 | PDF · Subscribers | |
| Proof of Claim Document Package dated November 4, 2009 | PDF · Subscribers | |
| Motion Record returnable November 4, 2009 | PDF · Subscribers | |
| First Report of the Receiver dated October 23, 2009 | PDF · Subscribers | |
Approval and Vesting Order (re: Mayndards) dated June 11, 2009
| PDF · Subscribers | |
Approval and Vesting Order dated June 11, 2009
| PDF · Subscribers | |
| Endorsement dated June 11, 2009 | PDF · Subscribers | |
| Order approving Tenth Report of the Monitor dated June 11, 2009 | PDF · Subscribers | |
Receivership Order dated June 11, 2009
| PDF · Subscribers | |
Order dated June 9, 2009
| PDF · Subscribers | |
| Motion Record returnable June 11, 2009 | PDF · Subscribers | |
Motion Record returnable June 9, 2009
| PDF · Subscribers | |
| Tenth Report of the Monitor dated June 8, 2009 | PDF · Subscribers | |
Endorsement dated May 29, 2009
| PDF · Subscribers | |
Order dated May 29, 2009
| PDF · Subscribers | |
| Supplementary Motion Record returnable May 29, 2009 | PDF · Subscribers | |
| Motion Record returnable May 29, 2009 | PDF · Subscribers | |
| Ninth Report of the Monitor dated May 28, 2009 | PDF · Subscribers | |
| Endorsement dated May 21, 2009 | PDF · Subscribers | |
Order dated May 21, 2009
| PDF · Subscribers | |
| Eighth Report of the Monitor dated May 20, 2009 | PDF · Subscribers | |
| Motion Record returnable May 21, 2009 | PDF · Subscribers | |
| Endorsement dated May 7, 2009 | PDF · Subscribers | |
Order dated May 7, 2009
| PDF · Subscribers | |
| Second Supplementary Motion returnable May 6, 2009 | PDF · Subscribers | |
| Notice of Return of Motion dated May 4, 2009 | PDF · Subscribers | |
| Endorsement dated April 30, 2009 | PDF · Subscribers | |
| Motion Record returnable April 30, 2009 | PDF · Subscribers | |
Order dated April 30, 2009
| PDF · Subscribers | |
| Supplementary Motion Record returnable April 30, 2009 | PDF · Subscribers | |
| Seventh Report of the Monitor dated April 29, 2009 | PDF · Subscribers | |
| Notice of Motion dated April 28, 2009 | PDF · Subscribers | |
Approval and Vesting Order (re: Martinrea Sale Transaction) dated April 3, 2009
| PDF · Subscribers | |
| Endorsement (re: Martinrea and Ford) dated April 3, 2009 | PDF · Subscribers | |
Endorsement (re: Third Amendment) dated April 3, 2009
| PDF · Subscribers | |
| Motion Record returnable April 3, 2009 | PDF · Subscribers | |
Order (re: Ford Bill of Sale) dated April 3, 2009
| PDF · Subscribers | |
Order dated April 3, 2009
| PDF · Subscribers | |
| Sixth Report of the Monitor dated April 1, 2009 | PDF · Subscribers | |
Endorsement dated March 31, 2009
| PDF · Subscribers | |
| Motion Record returnable March 31, 2009 | PDF · Subscribers | |
| Fifth Report of the Monitor dated March 27, 2009 | PDF · Subscribers | |
| Endorsement dated March 11, 2009 | PDF · Subscribers | |
| Fourth Report of the Monitor dated March 11, 2009 | PDF · Subscribers | |
| Motion Record dated March 11, 2009 | PDF · Subscribers | |
Order dated March 11, 2009
| PDF · Subscribers | |
| Endorsement dated March 10, 2009 | PDF · Subscribers | |
| Endorsement dated March 9, 2009 | PDF · Subscribers | |
Notice of Motion dated March 5, 2009
| PDF · Subscribers | |
| Second Supplementary Motion dated March 5, 2009 | PDF · Subscribers | |
Extension Order dated February 27, 2009
| PDF · Subscribers | |
| Motion Record returnable February 27, 2009 | PDF · Subscribers | |
| Third Report of the Monitor dated February 26, 2009 | PDF · Subscribers | |
Endorsement dated February 18, 2009
| PDF · Subscribers | |
Stay Extension Order dated February 18, 2009
| PDF · Subscribers | |
| Motion Record returnable February 18, 2009 | PDF · Subscribers | |
Second Report of the Monitor dated February 13, 2009
| PDF · Subscribers | |
Endorsement dated January 29, 2009
| PDF · Subscribers | |
Order dated January 29, 2009
| PDF · Subscribers | |
| Application Record dated January 21, 2009 | PDF · Subscribers | |
Initial Order dated January 21, 2009
| PDF · Subscribers | |
| Report of the Proposed Monitor dated January 21, 2009 | 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., “SKD Company” (CCAA), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/skd-company