Order and Endorsement of Justice Hainey recognizing the Japanese Sale Approval — Endorsement / reasons
TK Holdings Inc.
Follow- Proceeding
- Foreign recognition (CCAA)Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- CV-17-11857-00CL
TK Holdings Inc. is the subject of an active foreign recognition proceeding under section 46 of the Companies' Creditors Arrangement Act, brought in the Ontario Superior Court of Justice (Commercial List) under court file CV-17-11857-00CL and commenced June 28, 2017, the same day an initial order was made. Among the obligations recorded against TK Holdings are a civil penalty owed to the United States National Highway Traffic Safety Administration in connection with recalls, of which USD $50 million of USD $70 million in non-contingent penalties remains outstanding and due by October 2020, and criminal fine and restitution obligations arising from a plea agreement with the U.S. Department of Justice, of which USD $850 million remains outstanding and must be satisfied in full by February 27, 2018.
A claims procedure has been established — see the order for deadlines.
Per the Claims Process dated 28 June 2017.
Motion Record of the Foreign Representatives for the motion seeking to recognize the Japanese Sales Approval, returnable on May 14, 2018 before Justice Hainey. — Application / notice of application
Takata - Brief of Authorities - Claims Processes and Second Day Orders - October 5, 2017 — Factum / brief
Takata - Motion Record (Vol I of II) - Claims Processes and Second Day Orders - October 5, 2017 — Application / notice of application
Takata - Motion Record (Vol II of II) - Claims Processes and Second Day Orders - October 5, 2017 — Application / notice of application
TKJP - Motion Record - Japanese Recognition - August 24, 2017 — Application / notice of application
Brief of Authorities of TK Holdings Inc. - June 27, 2017 — Application / notice of application
Supplemental Application Record (Part 2 of 2) - June 28, 2017 — Application / notice of application
An initial order was granted the same day, June 28, 2017, by the Ontario Superior Court of Justice, starting the recognition proceeding that remains active.
Source: Initial Recognition Order of the Foreign Main Proceedings - dated June 28, 2017
TK Holdings Inc. applied on June 28, 2017 under section 46 of the CCAA in the Commercial List, opening court file CV-17-11857-00CL in Ontario.
Source: Supplemental Application Record (Part 1 of 2) - June 28, 2017
Debtor
TK Holdings Inc.
Information officer
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Hainey | Ontario Superior Court of Justice | 3 orders, Sep 2017 – May 2018 | 196 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Foreign representative | McCarthy Tétrault LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| Foreign representativeJapanese | BAKER & McKENZIE LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorBMW Canada Inc | Fasken Martineau DuMoulin LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorGeneral Motors Company and General Motors of Canada Limited | Bennett Jones LLP · Borden Ladner Gervais LLP · Lerners LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorHonda Canada Inc | McMillan LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorInformation Officer | Bennett Jones LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorMazda Motor Corporation and Mazda Canada Inc | Stikeman Elliott LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorMercedes-Benz Canada Inc | Dentons Canada LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorMitsubishi Motor Sales of Canada Inc | Theall Group LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| CreditorSubaru Canada Inc | Dentons Canada LLP | 19 Apr 2018 | Service list · 19 Apr 2018 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Unsecured | United States Department of Justice, Criminal Division, Fraud Section / U.S. Attorney's Office for the Eastern District of MichiganPlea agreement totaled a USD $25 million criminal fine plus USD $975 million in restitution payments; USD $850 million of that total remains outstanding and must be satisfied in full by February 27, 2018. Regulatory/quasi-governmental obligation (criminal fine/restitution). | $850M USD | Information Officer's First Report |
| Unsecured | United States National Highway Traffic Safety Administration (NHTSA)Part of an up to USD $200 million civil penalty ceiling owed by TK Holdings; consists of USD $70 million in non-contingent penalties (of which USD $50 million is outstanding, due by October 2020, reflected here as the amount) and USD $130 million in penalties that are deferred/held in abeyance pending TK Holdings' compliance with a consent order (contingent, not included in amount). Regulatory/quasi-governmental obligation. — debtor: TK Holdings Inc. | $50M USD | Information Officer's First Report |
Unsecured creditors: 0.1–0.4 %.Under the plan · vote pendingInformation Officer's Third Report · 8 Mar 2018
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | Class 1 (secured claim) | — | paid in fullconditional | Under the planvote pendingper the monitor | Information Officer's Third Report · 8 Mar 2018 |
| Unsecured | General Unsecured Claims (Class 4, 5, 6, or 7) | — | 0.1–0.4 % | Under the planvote pendingper the monitor | Information Officer's Third Report · 8 Mar 2018 |
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.
| Date | Document | File |
|---|---|---|
Order and Endorsement of Justice Hainey recognizing the Japanese Sale Approval
| ||
| a) Amended Motion Record - this Amended Motion Record is the same as the Motion Record previously served upon you on April 13, 2018 except for the marked changes to the Amended Notice of Motion and Draft Order to reflect the updated motion date, an additional request to correct an erroneous date in the previously-issued Confirmation Recognition Order and an abridgment of the time for service; | ||
| b) Factum of the Japanese Foreign Representative; and | ||
| c) Brief of Authorities of the Japanese Foreign Representative. | ||
Information Officer's Fourth Report
| ||
Service List as of April 19, 2018
| ||
| Motion Record of the Foreign Representatives for the motion seeking to recognize the Japanese Sales Approval, returnable on May 14, 2018 before Justice Hainey. | ||
| Endorsement of Justice Hainey dated March 14, 2018 | ||
| US Confirmation Recognition Order | ||
Information Officer's First Report
| ||
| Information Officer's Second Report | ||
Information Officer's Third Report
| ||
Claims Process Recognition Order
| ||
| Endorsement of Claims Recognition Order | ||
| Second Day Recognition Order | ||
| Takata - Brief of Authorities - Claims Processes and Second Day Orders - October 5, 2017 | ||
| Takata - Factum - Claims Processes and Second Day Orders - October 5, 2017 | ||
| Takata - Motion Record (Vol I of II) - Claims Processes and Second Day Orders - October 5, 2017 | ||
| Takata - Motion Record (Vol II of II) - Claims Processes and Second Day Orders - October 5, 2017 | ||
Endorsement of Justice Hainey
| ||
| Japanese Recognition Order | ||
| TKJP - Brief of Authorities - Japanese Recognition - August 24, 2017 | ||
| TKJP - Factum - Japanese Recognition - August 24, 2017 | ||
| TKJP - Motion Record - Japanese Recognition - August 24, 2017 | ||
| Application Record of TK Holdings Inc. - June 27, 2017 | ||
| Brief of Authorities of TK Holdings Inc. - June 27, 2017 | ||
| Factum of TK Holdings Inc. - June 27, 2017 | ||
Supplemental Application Record (Part 1 of 2) - June 28, 2017
| ||
| Supplemental Application Record (Part 2 of 2) - June 28, 2017 | ||
| Claims Process | ||
Initial Recognition Order of the Foreign Main Proceedings - dated June 28, 2017
| ||
| Supplemental Order of the Foreign Main Proceedings - dated June 28, 2017 | ||
Brief_of_Authorities_-_Plan_Recognition
| ||
| Factum_-_Plan_Recognition | ||
| Plan_Recognition_(Vol_III_of_V) | ||
| Plan_Recognition_(Vol_II_of_V) | ||
| Plan_Recognition_(Vol_IV_of_V) | ||
| Plan_Recognition_(Vol_I_of_V) | ||
| Plan_Recognition_(Vol_V_of_V) | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “TK Holdings Inc.” (Foreign recognition (CCAA)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/tk-holdings-inc