#Filing
Application response of Waygar to the Application filed by the Receiver on June 20, 2025 (June 18, 2025) — Response / objection pleading
The Very Good Food Company Inc.
ActiveFollow
- Proceeding
- Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act, R.S.B.C., 1985, c. B-3, as amended (the "BIA"), section 39 of the Law and Equity Act, R.S.B.C. 1996 c. 253, as amended (the "LEA"), section 66 of the Personal Property Security Act, R.S.B.C. 1996, c. 359, as amended (the "PPSA") and Rule 10-2(1) of the Supreme Court Civil Rules, B.C. Reg. 168/2009, as amended (the "Rules of Court")
- File
- S-230255
- Industry
- Manufacturing · Food & beverage manufacturing
OverviewSummary updated
The Very Good Food Company Inc. is the subject of a court-appointed receivership proceeding in the Supreme Court of British Columbia under court file No. S-230255. The application was filed on June 10, 2025, brought under section 243(1) of the Bankruptcy and Insolvency Act, section 39 of the Law and Equity Act, section 66 of the Personal Property Security Act and Rule 10-2(1) of the Supreme Court Civil Rules. The proceeding remains active.
Proceedings AIOpen Proceedings AI
Case updates36 dated entries
#Filing
Receivership application filed in the Supreme Court of British Columbia under court file No. S-230255, commencing the proceeding against The Very Good Food Company Inc.
#Filing
Application response of Waygar to the Application filed by CAFO Inc. on June 10, 2025 (June 18, 2025) — Response / objection pleading
#Filing
Notice of Application filed by the Receiver with respect to a security interest in unearned insurance premiums (June 10, 2025) — Application / notice of application
#Sale
The court granted an approval and vesting order for the sale to Assets purchased by them in the Sale (the "Purchased Assets"). Closing terms, as extracted: Extension of the completion date for the Sale by agreement without further Court order.
Source: Order Approving Agreement With Gordon Brothers and New Mill Capital (Apr 12, 2023)
#Report
The officer filed report no. Third Report. The SISP did not produce a going-concern sale, so the Receiver is liquidating the Companies' equipment through an agent (Gordon Brothers/New Mill Capital) under a $1,255,000 USD net minimum guarantee, subject to Court approval. A significant shortfall to the first secured creditor is expected, with no recovery for unsecured creditors.
#Filing
Notice of Application to Approve the Agency Agreement (April 6, 2023) — Application / notice of application
#Order
Order Approving Liquidation of Assets and Granting Receiver Power to Bankrupt the Company(Mar 22, 2023) was filed.
#Filing
Notice of Application by the Receiver to Liquidate the Assets (March 14, 2023) — Application / notice of application
#Report
The officer filed report no. Second Report. The SISP produced no going-concern purchaser; the Receiver shut down production, terminated most employees (keeping only those needed for an orderly wind-down), and is seeking auctioneer liquidation proposals and court approval to liquidate the assets, possibly through bankruptcy of one or more of the Companies.
#Filing
Notice of Application by Modern Forklift Services Ltd. (February 10, 2023) — Application / notice of application
#Report
The officer filed report no. First Report. The Receiver reports that Modern Forklift disabled seven leased pieces of equipment at the production facility, compromising the Companies' ability to continue operating and slowing production. The Receiver opposes Modern Forklift's application to lift the stay and offers to pay post-receivership lease payments.
#Filing
Form 87 - Notice and Statement of the Receiver (1218169 B.C. Ltd.) — Notice of receiver (s. 245 / Form 87)
#Filing
Form 87 - Notice and Statement of the Receiver (Lloyd-James Marketing Group Inc.) — Notice of receiver (s. 245 / Form 87)
#Filing
Form 87 - Notice and Statement of the Receiver (The Cultured Nut Inc.) — Notice of receiver (s. 245 / Form 87)
#Filing
Form 87 - Notice and Statement of the Receiver (The Very Good Butchers Inc.) — Notice of receiver (s. 245 / Form 87)
#Filing
Form 87 - Notice and Statement of the Receiver (The Very Good Food Company Inc.) — Notice of receiver (s. 245 / Form 87)
#Filing
Form 87 - Notice and Statement of the Receiver (VGFC holdings LLC) — Notice of receiver (s. 245 / Form 87)
#Order
The court appointed BDO Canada Limited as Receiver and Manager, on the application of Waygar Capital Inc., as agent for Ninepoint Canadian Senior Debt Master Fund L.P.. Court file S 2030255.
#Filing
Petition for Receivership for VGFC et al. (filed January 13, 2023) — Application / notice of application
Parties
Debtor
The Very Good Food Company Inc.
Receiver
BDO
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Walker | Supreme Court of British Columbia | 4 orders, Jan 2023 – Apr 2023 | 31 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverBDO | Nathanson Schachter & Thompson LLP | 14 Mar 2023 | Application · 14 Mar 2023 |
| Applicant | MLT Aikins LLP | 11 Jan 2023 | Service list · 16 Jun 2025 |
| ApplicantWaygar Capital Inc | Aird & Berlis LLP · MLT Aikins LLP | 10 Jun 2025 | Application · 10 Jun 2025 |
| DebtorThe Very Good Food Company Inc. | Fasken Martineau DuMoulin LLP | 14 Mar 2023 | Application · 14 Mar 2023 |
| CreditorLandlord, Madison Pacific Properties Inc | Richards Buell Sutton LLP | 10 Jun 2025 | Application · 10 Jun 2025 |
| CreditorModern Forklift Services Ltd | Icon Law Group | 10 Jun 2025 | Application · 10 Jun 2025 |
| CreditorMultivac Canada Inc | Fasken Martineau DuMoulin LLP | 10 Jun 2025 | Application · 10 Jun 2025 |
| CreditorReiser (Canada) Co | WeirFoulds LLP | 10 Jun 2025 | Application · 10 Jun 2025 |
| CreditorVelocity Marketing Ltd | Ascendion Law | 10 Jun 2025 | Application · 10 Jun 2025 |
Capital structureAs asserted in the filings
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Waygar Capital Inc., as agent for Ninepoint Canadian Senior Debt Master Fund L.P.Credit Agreement dated June 7, 2021 (amended July 6, 2022); Borrower GSA dated June 7, 2021 (PPSA-registered, incl. pledge of shares in the Corporate Guarantors and IP security); unlimited Corporate Guarantees dated June 7, 2021 with corresponding GSAs from each Corporate Guarantor (PPSA-registered); springing Blocked Account Agreement dated Sept 12, 2022 over Borrower's RBC accounts (Activation Notice delivered Sept 23, 2022) — Total Indebtedness of $8,113,003.68 as at Jan 6, 2023 comprises: $4,359,042.79 principal/interest (revolver facility), $3,001,057.56 principal/interest (term facility) · as of 6 Jan 2023 | $8.11M | Affidavit #1 of James Bruce (Filed January 13, 2023) |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 5 | PMSI / lessors |
4 more claims in 2 classes The stack holds Secured and PMSI / lessors claims.
Every creditor and every amount.
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See all plansThis 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.
Sale processAs stated in the filings
3 transactions · 1 not completed · 1 proposed · 1 approved — Receiver requests Court approval of the Agent's Offer for liquidation of equipment following an unsuccessful going-concern SISPThird Report of the Receiver (April 6, 2023) · 6 Apr 2023
| Purchaser | Price | Status | Source |
|---|---|---|---|
| unnamed offeror under Offer A, all assets, LOI not proceeded withan offer to purchase all of the assets · asset sale | not stated | Not completed | Second Report of the Receiver (March 9, 2023) |
| Gordon Brothers Canada ULC and New Mill Capital Holdings, LLCall of the equipment · auction · agreement 6 Apr 2023 | Subscribers | Proposed | Third Report of the Receiver (April 6, 2023) |
| end purchasers under liquidation/auction sale conducted by the Agent, unnamedAssets purchased by them in the Sale (the "Purchased Assets") · auction | not stated | Approved12 Apr 2023outside 23 Jun 2023 | Order Approving Agreement With Gordon Brothers… |
AdvisorsGordon Brothers Canada ULC and New Mill Capital Holdings, LLC (sale agent)Order Approving Agreement With Gordon Brothers and New Mill Capital…
Closing termsExtension of the completion date for the Sale by agreement without further Court orderOrder Approving Agreement With Gordon Brothers and New Mill Capital…
RecoveriesAs stated in the filings
Unsecured creditors: no distribution. Waygar Capital Inc. short.EstimatedThird Report of the Receiver (April 6, 2023) · 6 Apr 2023
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | Waygar Capital Inc. | — | shortfall | Estimatedper the receiver | Third Report of the Receiver (April 6, 2023) · 6 Apr 2023 |
| Unsecured | — | — | no distribution | Estimatedper the receiver | Third Report of the Receiver (April 6, 2023) · 6 Apr 2023 |
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.
Documents
36 filings
| Date | Document | File |
|---|---|---|
| Application response of Waygar to the Application filed by the Receiver on June 20, 2025 (June 18, 2025) | PDF · Subscribers | |
| Affidavit #1 of Don Rogers (Filed June 18, 2025) | PDF · Subscribers | |
Service List as of June 16, 2025
| PDF · Subscribers | |
| Written submissions by CAFO Inc. (June 13, 2025) | PDF · Subscribers | |
| Affidavit #1 of Jayson R. Thomspon (Filed June 12, 2025) | PDF · Subscribers | |
Agreed Statement of Facts with respect to a security interest in unearned insurance premiums (June 10, 2025)
| PDF · Subscribers | |
| Application response of Waygar to the Application filed by CAFO Inc. on June 10, 2025 (June 18, 2025) | PDF · Subscribers | |
Notice of Application filed by CAFO Inc. with respect to a security interest in unearned insurance premiums (June 10, 2025)
| PDF · Subscribers | |
Notice of Application filed by the Receiver with respect to a security interest in unearned insurance premiums (June 10, 2025)
| PDF · Subscribers | |
Creditors Package (May 1, 2023)
| PDF · Subscribers | |
Order Approving Agreement With Gordon Brothers and New Mill Capital (Apr 12, 2023)
| PDF · Subscribers | |
| Notice of Application to Approve the Agency Agreement (April 6, 2023) | PDF · Subscribers | |
Third Report of the Receiver (April 6, 2023)
| PDF · Subscribers | |
Order Approving Liquidation of Assets and Granting Receiver Power to Bankrupt the Company(Mar 22, 2023)
| PDF · Subscribers | |
Notice of Application by the Receiver to Liquidate the Assets (March 14, 2023)
| PDF · Subscribers | |
Second Report of the Receiver (March 9, 2023)
| PDF · Subscribers | |
Order Regarding Costs Against Modern Forklift (February 13, 2023)
| PDF · Subscribers | |
| Application Response of the Receiver (February 10, 2023) | PDF · Subscribers | |
| Notice of Application by Modern Forklift Services Ltd. (February 10, 2023) | PDF · Subscribers | |
| Affidavit #1 of Rick Pearson (February 9, 2023) | PDF · Subscribers | |
First Report of the Receiver (February 9, 2023)
| PDF · Subscribers | |
| Affidavit #1 of Jason Evans (Modern Forklift) (February 2, 2023) | PDF · Subscribers | |
Form 87 - Notice and Statement of the Receiver (1218158 B.C. Ltd.)
| PDF · Subscribers | |
| Form 87 - Notice and Statement of the Receiver (1218169 B.C. Ltd.) | PDF · Subscribers | |
| Form 87 - Notice and Statement of the Receiver (Lloyd-James Marketing Group Inc.) | PDF · Subscribers | |
| Form 87 - Notice and Statement of the Receiver (The Cultured Nut Inc.) | PDF · Subscribers | |
| Form 87 - Notice and Statement of the Receiver (The Very Good Butchers Inc.) | PDF · Subscribers | |
| Form 87 - Notice and Statement of the Receiver (The Very Good Food Company Inc.) | PDF · Subscribers | |
| Form 87 - Notice and Statement of the Receiver (VGFC holdings LLC) | PDF · Subscribers | |
Receivership Order (Jan 16, 2023)
| PDF · Subscribers | |
Affidavit #1 of James Bruce (Filed January 13, 2023)
| PDF · Subscribers | |
| Exhibits to Affidavit #1 of James Bruce | PDF · Subscribers | |
| Notice of Hearing of Petition (filed Jan 13, 2023) | PDF · Subscribers | |
Petition for Receivership for VGFC et al. (filed January 13, 2023)
| PDF · Subscribers | |
Pre-Filing Report of the Proposed Receiver (January 12, 2023)
| PDF · Subscribers | |
Consent to Act (Filed January 11, 2023)
| 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., “The Very Good Food Company Inc.” (Receivership (court-appointed)), Supreme Court of British Columbia. Retrieved 4 November 2026, https://proceedings.ca/case/the-very-good-food-company-inc