Upper Crust Ltd. and Par-Baked Inc.
- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- 08-CL-7401
- Industry
- Manufacturing · Food & beverage manufacturing
Upper Crust Ltd. and Par-Baked Inc. remain in active CCAA proceedings commenced 11 February 2008 before the Ontario Superior Court of Justice (Commercial List) under court file 08-CL-7401, with RSM Richter Inc. serving as Monitor. A Statement of Affairs for 1718326 Ontario Inc., formerly Upper Crust Ltd., as at 29 May 2008 puts total liabilities at $21,863,223.83 against total assets of $600,000.00, a deficiency of $21,263,223.83, with secured claims stated at $600,000.00 and unsecured at $21,263,223.83. The preliminary list of creditors submitted by the debtor as of 30 May 2008 records Bank of Montreal as a secured creditor at $17,500,000.00 and unsecured claims totalling $4,363,223.83 — the same aggregate, on a materially different split. Larger unsecured claims include Newlife Mill Ltd. at $751,879.00, Margarine Thibault Inc. at $312,399.00 and Puratos Canada Inc. at $275,878.46.
Motion Record (including Fourth Report of Monitor) returnable April 23, 2008 — Application / notice of application
The court granted an approval and vesting order for the sale to Weston Foods (Canada) Inc. Closing terms, as extracted: Vesting effective upon delivery of Monitor's Certificate confirming payment of Purchase Price, satisfaction of conditions to closing, and completion of the Transaction.
Source: Approval and Vesting Order (re: Bread Division) dated April 4, 2008
The court granted an approval and vesting order for the sale to 2168587 Ontario Ltd., 2168585 Ontario Ltd. Closing terms, as extracted: Vesting effective upon delivery of Monitor's Certificate confirming payment of purchase price, satisfaction of closing conditions, and completion of the Transaction.
Source: Approval and Vesting Order (re: Pastry Division) dated April 4, 2008
Motion Record (including Third Report of the Monitor) returnable April 4, 2008 — Application / notice of application
Initial order granted, commencing CCAA proceedings for Upper Crust Ltd. and Par-Baked Inc. in the Ontario Superior Court of Justice under court file no. 08-CL-7401.
Debtor
Upper Crust Ltd. and Par-Baked Inc.
Trustee in bankruptcy
Richter
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 3 orders, Mar 2008 – Apr 2008 | 111 cases on record |
| Justice Morawetz | Ontario Superior Court of Justice | 3 orders, Apr 2008 | 141 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ApplicantUpper Crust Ltd. and Par-Baked Inc. | Millerthomsonllp · Miller Thomson LLP | 11 Feb 2008 | Order · 20 Mar 2008 |
| CreditorRSM Richter Inc | Approval and Vesting Order FRASER MILNER CASGRAIN LLP · Fraser Milner Casgrain LLP (now Dentons Canada LLP) | 4 Apr 2008 | Order · 4 Apr 2008 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Bank of Montreal (Mr. Tony Crowe, Special Accounts Management Unit) · in 297 casesListed as secured creditor in Preliminary List of Creditors; Statement of Affairs (as at 2008-05-29) shows secured creditors as per list 'B' at $600,000.00, which conflicts with this preliminary list figure of $17,500,000.00 — both figures as stated in the document, discrepancy not reconciled by the document. — debtor: 1718326 Ontario Inc. (formerly Upper Crust Ltd.) · as of 30 May 2008 | $17.5M | Notice of Bankruptcy and First Meeting of Creditors dated June 3, 2008 |
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
152 more claims in 1 class The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plans3 transactions · 3 approved — Summarize the preliminary results of the Companies' sale processSecond Report of the Monitor dated March 19, 2008 · 19 Mar 2008
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 2168585 Ontario Ltd.the Real Property · real property · agreement 27 Mar 2008 | not stated | Approved4 Apr 2008 | Approval and Vesting Order (re: Pastry… |
| 2168587 Ontario Ltd.the assets described in the Pastry Division Sale Agreement (the "Purchased Assets") · asset sale · agreement 27 Mar 2008 | not stated | Approved4 Apr 2008 | Approval and Vesting Order (re: Pastry… |
| Weston Foods (Canada) Inc.the assets described in the Bread Division Sale Agreement (the "Purchased Assets") · asset sale · nominee/assignee: 2168123 Ontario Limited · agreement 28 Mar 2008 | not stated | Approved4 Apr 2008 | Approval and Vesting Order (re: Bread Division)… |
Bank of Montreal: a distribution.Motion Record (including Fourth Report of Monitor) · 23 Apr 2008
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | Bank of Montreal | — | a distributioninterim | per the monitor | Motion Record (including Fourth Report of Monitor) · 23 Apr 2008 |
| Secured | GE | — | paid in full | Finalper the monitor | Motion Record (including Fourth Report of Monitor) · 23 Apr 2008 |
| UnsecuredMOF | Ministry of Finance (Ontario) | — | no distribution | Estimatedper the monitor | Motion Record (including Fourth Report of Monitor) · 23 Apr 2008 |
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.
As at ·
The 2 totals the debtor stated at filing
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
Notice of Bankruptcy and First Meeting of Creditors dated June 3, 2008
| PDF · Subscribers | |
Order dated April 28, 2008
| PDF · Subscribers | |
Motion Record (including Fourth Report of Monitor) returnable April 23, 2008
| PDF · Subscribers | |
Approval and Vesting Order (re: Bread Division) dated April 4, 2008
| PDF · Subscribers | |
Approval and Vesting Order (re: Pastry Division) dated April 4, 2008
| PDF · Subscribers | |
| Endorsement dated April 4, 2008 | PDF · Subscribers | |
Order dated April 4, 2008
| PDF · Subscribers | |
| Motion Record (including Third Report of the Monitor) returnable April 4, 2008 | PDF · Subscribers | |
Order dated March 20, 2008
| PDF · Subscribers | |
Second Report of the Monitor dated March 19, 2008
| PDF · Subscribers | |
Amended and Restated Initial Order dated March 6, 2008
| PDF · Subscribers | |
Order dated March 6, 2008
| PDF · Subscribers | |
| First Report of the Monitor dated March 4, 2008 | PDF · Subscribers | |
| Endorsement dated February 11, 2008 | PDF · Subscribers | |
Initial Order dated February 11, 2008
| PDF · Subscribers | |
Application Record returnable February 11, 2008
| 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., “Upper Crust Ltd. and Par-Baked Inc.” (CCAA), Ontario Superior Court of Justice. Retrieved 5 November 2026, https://proceedings.ca/case/upper-crust-ltd-and-par-baked-inc