Upper Canada Growers Ltd. and UCG Land Inc.
Follow- Proceeding
- NOIsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-25-00090131-0000
Upper Canada Growers Ltd. and UCG Land Inc. filed a notice of intention to make a proposal under BIA s. 50.4 on January 17, 2025, and the proceeding remains active. The Bank of Nova Scotia, the companies' principal secured lender, is owed pre-filing indebtedness of $24,894,903.52 plus US$45,436.12 as of May 5, 2025, inclusive of accrued and unpaid interest and exclusive of enforcement costs; that figure includes $4,800,000 added after RBC drew in March 2025 on a letter of credit the Bank had issued as replacement security for RBC's now-discharged mortgages. Separate post-filing DIP indebtedness under a January 28, 2025 term sheet stood at $2,107,479.45 as of the same date. Agricultural Credit Corporation ranks ahead of the Bank in certain deciduous tree crop and Business Risk Management proceeds.
The officer filed report no. Second Report. The Receiver has ceased all business operations of the Companies and is winding down remaining activities, including marketing the remaining real property and preparing to auction the remaining equipment.
Motion Record - BDO Canada Limited - Receiver - 19-JAN-2026 — Application / notice of application
Approval and Vesting Order of Justice Bordin - 23-OCT-2025 was filed.
Source: Approval and Vesting Order of Justice Bordin - 23-OCT-2025
Motion Record - BDO Canada Limited - Receiver - 14-OCT-2025 — Application / notice of application
The court appointed BDO Canada Limited as receiver and manager, on the application of THE BANK OF NOVA SCOTIA. Court file CV-25-00090131-0000.
Source: Receivership Order of the Honorable Justice M. Bordin dated May 15, 2025
Motion Record - BDO Canada Limited - Proposal Trustee - 06-MAY-2025(64386349.1) — Application / notice of application
Second Report - BDO Canada Limited - Proposal Trustee - 14-MAR-2025(63828262.1) — Court officer report
Docket #16-SIGNED - Endorsement - UCG Land Inc. v. Upper Canada Growers Ltd BK — Endorsement / reasons
Factum - Moving Parties - Upper Canada Growers Ltd. and UCG Land Inc. - 3-FEB-2025 — Factum / brief
First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1) — Court officer report
Motion Record - Moving Parties - Upper Canada Growers Ltd. and UCG Land Inc - 29-JAN-2025.pdf — Application / notice of application
UCG Upper Canada Growers - Certificate for the Notice of Intention — NOI certificate of filing
Debtor
Upper Canada Growers Ltd. and UCG Land Inc.
Proposal trustee
BDO
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Bordin | Ontario Superior Court of Justice | 4 orders, May 2025 – Oct 2025 | 6 cases on record |
| Justice Bordin | Ontario Superior Court of Justice | 2 orders, May 2025 | 4 cases on record |
| Justice Henderson | Ontario Superior Court of Justice | 2 orders, Feb 2025 | 2 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Proposal trusteeBDO | Aird & Berlis LLP | 6 May 2025 | Factum · 7 May 2025 |
| ApplicantUpper Canada Growers Ltd. and UCG Land Inc. | Fasken Martineau DuMoulin LLP · Dickinson Wright LLP | 3 Feb 2025 | Order · 15 May 2025 |
| CreditorBANK OF NOVA SCOTIA | Fasken Martineau DuMoulin LLP | 6 May 2025 | Service list · 6 May 2025 |
| CreditorBonnefield Canadian Farmland LP V Master | Scott Petrie LLP | 6 May 2025 | Service list · 6 May 2025 |
| CreditorBOO Canada Limited | Aird & Berlis LLP | 15 May 2025 | Order · 15 May 2025 |
| CreditorFARM CREDIT CANADA | Harrison Pensa LLP | 6 May 2025 | Service list · 6 May 2025 |
| CreditorLaGasse Machine & Fabrication | Scott Petrie LLP | 6 May 2025 | Service list · 6 May 2025 |
| CreditorMori Essex Nurseries Inc | Scott Petrie LLP | 6 May 2025 | Service list · 6 May 2025 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | Canada Revenue Agency (CRA) · in 926 casesDeemed-trust class quasi-governmental claim. Document gives two figures for LandCo's CRA indebtedness: approximately $143,750 owing to CRA (HST, per para 52) and separately, approximately $250,000 of debts owing to CRA identified by Management and included as unsecured liabilities on LandCo's NOI known-creditor listing (para 56); unclear whether these overlap or represent additional amounts — debtor: UCG Land Inc. | — | First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1) |
| 4 | Secured | Bank of Nova Scotia (BNS) · in 71 casesGeneral security interest over all present and after-acquired assets of the Companies, registered under the Ontario PPSA; collateral mortgages and general assignments of rents; BNS Credit Facilities aggregate facility limit $27,800,000 (Loans 1-4) — Table total outstanding $22,052,585 as at Jan 16, 2025 (USD overdraft component converted to CAD). Trustee states balance later reduced to approximately $20,500,000 as of the date of the First Report, net of a $1,601,422 GIC directed to be collapsed and applied; this excludes the contingent BNS Letter of Credit of $4,808,387 issued to RBC as securi · as of 16 Jan 2025 | $22.1M | First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1) |
| 4 | Secured | Royal Bank of Canada (RBC) · in 556 casesFive (5) RBC Mortgages (RBC Loan, Bunkhouse, Northshore Grape Farm, Electrical & Lab Upgrades, Essex Land); secured collaterally by a $4,808,387 BNS Letter of Credit in RBC's favour — Total of principal balance plus accrued interest per mortgage schedule as at January 17, 2025 — debtor: UCG Land Inc. · as of 17 Jan 2025 | $4.74M | First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1) |
| 4 | Secured | Agriculture Credit Canada (ACC)as of per UCG OpCo's books and records — PPSA security interest in all present and future deciduous tree crops and proceeds thereof, used as collateral for a cash advance under the federal Advance Payments Program — debtor: Upper Canada Growers Ltd. | $1.06M | First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1) |
| 5 | PMSI / lessors | PPSA equipment financiers (PMSI class) · in 183 casesas of per UCG OpCo's books and records — Serialized equipment PMSI registrations under the Ontario PPSA — Aggregated per-instrument components (not summed by document): Kubota Canada Ltd. $743,939 (13 pieces of equipment); Ford Credit Canada $183,283 (5 pieces of equipment); Meridian Onecap Credit Corp. $152,245 (1 piece of equipment); CWB National Leasing Inc. $1,493.74 (1 piece of equipment); Toyota Industries Commercial Finance Canada Inc. $60,791 (1 piece of equipment) — debtor: Upper Canada Growers Ltd. | — | First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1) |
“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
Sale approved — The auction process and auction agreement are approvedApproval and Vesting Order - 29-JAN-2026 · 29 Jan 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Bonnefield Canadian Farmland LP V Mastercertain assets, undertakings and properties of the Companies · asset sale · nominee/assignee: Bonnefield Farmland Ontario V Inc. · agreement 10 Sep 2025 | not stated | Closed5 Nov 2025outside 13 Jun 2025 | Second Report of the Receiver - 19-Jan-2026 |
BNS: shortfall.EstimatedSecond Report of the Receiver - 19-Jan-2026 · 19 Jan 2026
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | BNS | — | shortfall | Estimatedper the receiver | Second Report of the Receiver - 19-Jan-2026 · 19 Jan 2026 |
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 engagements · 2 firms — latest: BDO Canada Limited, the PeriodSecond Report of the Receiver - 19-Jan-2026 · 19 Jan 2026
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Aird & Berlis LLPCounsel | — | — | — | $706.30stated average | Motion Record - BDO Canada Limited - Proposal Trustee -… · 6 May 2025 |
| BDO Canada LimitedProposal trustee | the Period | — | — | $604.08stated average | Second Report of the Receiver - 19-Jan-2026 · 19 Jan 2026 |
As at 30 Nov 2024 · per Internal/management-prepared financial statements (unaudited), referred to in the affidavit as the Companies' 'internal financial statements as at November 30, 2024', excerpted from Exhibit W ('Companies' balance sheets as at November 30, 2024') · Entity-level; the excerpted balance sheet appears to be for Upper Canada Growers Ltd. (line items reference 'UCG Land Inc' as a related affiliate/capex item rather than being the subject entity), but the title/entity header is not visible on the excerpted pages so consolidation status cannot be confirmed — Total liabilities figure is not captured within the excerpted pages — the liabilities section is cut off after partial listings (e.g., Accounts Payable $2,829,250.91, Scotia Line of Credit $7,500,183.67, FCC Input Loan $475,024.98, ACC Loan Payable $1,000,000, Payroll Liabilities $163,379.39, partial Bankers' Acceptances) before a stated total liabilities line appears; per Rule 1, these components are not summed.
Cumulative receipts
$3.74M
As at 19 Jan 2026Second Report of the Receiver - 19-Jan-2026
Cumulative disbursements
$2.65M
As at 19 Jan 2026Second Report of the Receiver - 19-Jan-2026
Professional fees to date
$48.8K
As at 19 Jan 2026Second Report of the Receiver - 19-Jan-2026
| Date | Document | File |
|---|---|---|
Ancillary Relief Order - 29-JAN-2026
| ||
Approval and Vesting Order - 29-JAN-2026
| ||
Endorsement of Justice Krawchenko - 29-JAN-2026
| ||
Factum - BDO Canada Limited - Receiver - 20-JAN-2026
| ||
Motion Record - BDO Canada Limited - Receiver - 19-JAN-2026
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Second Report of the Receiver - 19-Jan-2026
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Receiver's Certificate - 05-NOV-2025
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Ancillary Relief Order of Justice Bordin - 23-OCT-2025
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Approval and Vesting Order of Justice Bordin - 23-OCT-2025
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Endorsement of Justice Bordin - 23-OCT-2025
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| Factum - BDO Canada Limited - Receiver - 14-OCT-2025 | ||
| First Report of the Receiver - 14-OCT-2025 | ||
Motion Record - BDO Canada Limited - Receiver - 14-OCT-2025
| ||
| Trustee's Preliminary Report | ||
| Form 35 - 32-3175820 - UCG OpCo Certificate of Assignment | ||
| Form 35 - 32-3175819 - LandCo Certificate of Assignment | ||
ISSUED AND SIGNED Order_of_Justice_Bordin_-_15-MAY-2025(64503320.1) BK 25-3175819-0032
| ||
ISSUED AND SIGNED Order_of_Justice_Bordin_-_15-MAY-2025(64503320.1) UCG BK 25-3175820-0032
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Order of Justice Bordin - 15-MAY-2025(64503320.1)
| ||
| Receiver's Notice and Statement - dated 22-May-2025 | ||
Receivership Order of the Honorable Justice M. Bordin dated May 15, 2025
| ||
| Factum - Applicant - 09-MAY-2025 | ||
Factum - BDO Canada Limited - Proposal Trustee - 07-MAY-2025(64404362.2)
| ||
Application Record - Applicant - 06-MAY -2025
| ||
Motion Record - BDO Canada Limited - Proposal Trustee - 06-MAY-2025(64386349.1)
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Service List
| ||
UCG - PT Third Report - Executed
| ||
Order of Justice Sheard - 25-MAR-2025(63910972.1)
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| Motion Record UCG and LandCo March 14 2025 | ||
Second Report - BDO Canada Limited - Proposal Trustee - 14-MAR-2025(63828262.1)
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Docket #16-SIGNED - Endorsement - UCG Land Inc. v. Upper Canada Growers Ltd BK
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Initial Proposal Order - Issued and Signed
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SISP Order - Issued and Signed
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Factum - Moving Parties - Upper Canada Growers Ltd. and UCG Land Inc. - 3-FEB-2025
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First Report - BDO Canada Limited - Proposal Trustee - 29-JAN-2025(63278968.1)
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Motion Record - Moving Parties - Upper Canada Growers Ltd. and UCG Land Inc - 29-JAN-2025.pdf
| ||
| UCG Land - Certificate for the Notice of Intention | ||
| UCG Upper Canada Growers - Certificate for the Notice of Intention | ||
| UCG Land Inc-NOI Package | ||
| Upper Canada Growers-NOI Package | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Upper Canada Growers Ltd. and UCG Land Inc.” (NOI), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/upper-canada-growers-ltd-and-ucg-land-inc