Proceedings.

Util Canada Limited

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Proceeding
Receivership (court-appointed)section 243(1) of the Bankruptcy and Insolvency Act (BIA) and section 101 of the Courts of Justice Act (CJA)
File
CV-23-00703958-00CL
Filings held23
Last activity25 Jul 2024
On the record1,185 days
Secured debtSubscribers
OverviewSummary updated

Util Canada Limited has been in court-appointed receivership since August 8, 2023, when the Ontario Superior Court of Justice (Commercial List) appointed KSV Restructuring Inc. as receiver under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, on the application of DeA Capital Alternative Funds SGR S.p.A. as managing company of the Italian closed-end fund IDeA CCR I. The file is CV-23-00703958-00CL. The company is a guarantor of Util Industries S.p.A.; DeA's secured claim stood at EUR 12,348,863.57 as at May 31, 2024 per a demand letter dated June 18, 2024, plus interest accruing from June 1, 2024. Illimity Bank S.p.A., pari passu with DeA under an April 6, 2022 agreement, has delivered in escrow a full release of Util Canada's guaranteed obligations and its general security agreement, to be released once a Distribution Order becomes final. The receivership remains active.

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Case updates23 dated entries
#Report

The officer filed report no. Second Report. The Company's operations ceased upon its bankruptcy, all employees were terminated, and the Receiver has been conducting a sale process culminating in an auction transaction with Perfection Global LLC and a separate equipment sale to Barrie Welding & Machine, while managing customer tooling/mould disputes and occupancy of the leased premises.

Source: Second Report of the Receiver dated November 17, 2023

#Order

Placed Util Canada Limited into court-appointed receivership under BIA s. 243, commencing these proceedings on the Ontario Superior Court of Justice Commercial List, file CV-23-00703958-00CL.

Source: Receivership Order dated August 8, 2023

Parties

Debtor

Util Canada Limited

Receiver

KSV

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice KimmelOntario Superior Court of Justice6 orders, Nov 2023 – Jul 2024198 cases on record
Justice CavanaghOntario Superior Court of Justice2 orders, Aug 2023 – Sep 2023318 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverKSV Restructuring IncAird & Berlis LLP25 Jul 2024Order · 25 Jul 2024
ReceiverKSV Restructuring Inc., in itsAird & Berlis LLP28 Nov 2023Order · 28 Nov 2023
ApplicantDLA Piper (Canada) LLP18 Jul 2024Service list · 18 Jul 2024
CreditorBarrie Welding & Machine (1974) LtdDooley Lucenti LLP18 Jul 2024Service list · 18 Jul 2024
CreditorBerg Chilling Systems IncBeard Winter LLP18 Jul 2024Service list · 18 Jul 2024
CreditorFord Motor CompanyMiller, Canfield, Paddock And Stone, Plc18 Jul 2024Service list · 18 Jul 2024
CreditorJanco Steel LimitedMiller Thomson LLP18 Jul 2024Service list · 18 Jul 2024
CreditorKSV Restructuring IncAird & Berlis LLP15 Sep 2023Application · 6 Sep 2023
CreditorMaksteel Holdings ULCFogler, Rubinoff LLP18 Jul 2024Service list · 18 Jul 2024
CreditorMazda Motor CorporationThornton Grout Finnigan LLP18 Jul 2024Service list · 18 Jul 2024
CreditorNisshinbo Automotive Manufacturing IncBennett Jones LLP18 Jul 2024Service list · 18 Jul 2024
CreditorNovamerican Steel IncStikeman Elliott LLP18 Jul 2024Service list · 18 Jul 2024
CreditorPerfection Global, LLCChaitons LLP18 Jul 2024Service list · 18 Jul 2024
CreditorRI-GO Lift Truck LtdDickinson Wright LLP18 Jul 2024Service list · 18 Jul 2024
CreditorTenneco IncDavies Ward Phillips & Vineberg LLP18 Jul 2024Service list · 18 Jul 2024
CreditorTrelleborg Sealing Solutions Detroit, IncMcMillan LLP18 Jul 2024Service list · 18 Jul 2024
CreditorZF Active Safety US IncMiller Thomson LLP18 Jul 2024Service list · 18 Jul 2024
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
4SecuredDeA Capital Alternative Funds SGR S.p.A. (as managing company of IDeA CCR I)General Security Agreement (originally by Capital Tool & Design Limited in favour of BNP Paribas, assigned to DeA); Illimity GSA released to escrow — Amount stated as demand letter dated June 18, 2024 owing as at May 31, 2024, plus accrued and accruing interest since June 1, 2024, inclusive of principal, accrued interest and other amounts under Amended Facilities Agreement; approximated in prose elsewhere as $17.3 million (August 2023 estimate) and originally acquired principal package of €36,983,769 (2016), reduced to ~€33M (2019), ~€29M (2020), and refinanced to ~€11M principal under Amended · as of 31 May 2024$12.3M EURThird Report of the Receiver dated July 9, 2024
4Secured
8Unsecured
8Unsecured

3 more claims in 2 classes The stack holds Secured and Unsecured claims.

Every creditor and every amount, drawn to scale.

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This 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 · 2 closed · 1 approved — The Sale Process resulted in transactions with Perfection and Barrie, which have closed, plus other realizations including accounts receivable and inventory salesThird Report of the Receiver dated July 9, 2024 · 9 Jul 2024

PurchaserPriceStatusSource
Barrie Welding & Machine (1974) Limitedthe Purchased Assets (as defined in the Sale Agreement) · asset sale · agreement 26 Oct 2023SubscribersCloseddate not statedThird Report of the Receiver dated July 9, 2024
end purchasers at auction, unnamedthe Debtor's and the Receiver's right, title and interest in and to the Property purchased by such respective Purchaser at the Auction · auction · agreement 30 Oct 2023SealedApproved28 Nov 2023Approval and Vesting Order re Auction Services…
Perfection Global LLCconducted an auction from the Premises (as defined below) of substantially all the Property, other than the equipment referenced in (b) below · auction · agreement 30 Oct 2023SubscribersCloseddate not statedThird Report of the Receiver dated July 9, 2024
AdvisorsPerfection Global LLC (auctioneer)Third Report of the Receiver dated July 9, 2024
Closing termsvesting occurs upon completion of a sale, receipt of purchase price and delivery of a Purchaser Bill of SaleApproval and Vesting Order re Auction Services Agreement dated November…
RecoveriesAs stated in the filings

Unsecured creditors: no distribution.Third Report of the Receiver · 9 Jul 2024

ClassCreditorClaimsRecoveryBasisSource
Unsecured—listedno distributionconditionalper the receiverThird Report of the Receiver · 9 Jul 2024

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.

1 blurred figure above

The claims and what each class or creditor recovers — each as the filing states it, with its source.

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Fees and ratesAs stated in the filings

2 engagements · 2 firms — latest: KSV Restructuring Inc., to 30 Jun 2024Motion Record of the Receiver · 12 Jul 2024

FirmPeriodHoursFeesRatesSource
Aird & Berlis LLPCounsel———Motion Record of the Receiver · 12 Jul 2024
KSV Restructuring Inc.Receiverto 30 Jun 2024——Motion Record of the Receiver · 12 Jul 2024

2 blurred figures above

What each firm billed — each as the filing states it, with its source.

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Estate financialsReported figures — never derived

Professional fees

$664K

As at 17 Nov 2023Second Report of the Receiver dated November 17, 2023

Documents
23 filings
DateDocumentFile
Court Order dated July 25, 2024
  • Counsel Aird & Berlis LLP
  • Presiding officer Justice Kimmel
PDF · Subscribers
Endorsement of Justice Kimmel dated July 25, 2024
  • Presiding officer Justice Kimmel
PDF · Subscribers
Service List as at July 18, 2024
  • Counsel Miller Thomson LLP
PDF · Subscribers
Motion Record of the Receiver dated July 12, 2024
  • Court SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
  • Court file no CV-23-00703958-00CL
  • Province ONTARIO
  • Fee schedule Subscribers
  • + 1 more extracted fact
PDF · Subscribers
Third Report of the Receiver dated July 9, 2024
  • Closing confirmed Closed · date not stated · Perfection Global LLC; Closed · date not stated · Barrie Welding & Machine (1974) Limited
  • Purchaser Perfection Global LLC · conducted an auction from the Premises (as defined below) of substantially all the Property, other than the equipment referenced in (b) below · auction · closed; Barrie Welding & Machine (1974) Limited · purchased two 'fine blanking' presses · asset sale · closed
  • Fee schedule · Financial position Subscribers
  • + 6 more extracted facts
PDF · Subscribers
Receiver's Certificate dated December 12, 2023PDF · Subscribers
Ancillary Order dated November 28, 2023
  • Counsel Aird & Berlis LLP
  • Presiding officer Justice Kimmel
PDF · Subscribers
Approval and Vesting Order re Auction Services Agreement dated November 28, 2023
  • Closing terms vesting occurs upon completion of a sale, receipt of purchase price and delivery of a Purchaser Bill of Sale
  • Order date 28 November 2023
  • Presiding officer Justice Kimmel
  • Purchaser end purchasers at auction, unnamed · the Debtor's and the Receiver's right, title and interest in and to the Property purchased by such respective Purchaser at the Auction · auction · approved
  • + 3 more extracted facts
PDF · Subscribers
Approval and Vesting Order re Barrie Agreement dated November 28, 2023
  • Closing terms Delivery of a Receiver's Certificate confirming payment of purchase price, satisfaction/waiver of closing conditions, and completion of the Transaction.
  • Order date 28 November 2023
  • Presiding officer Justice Kimmel
  • Purchaser Barrie Welding & Machine (1974) Limited · the Purchased Assets (as defined in the Sale Agreement) · asset sale · approved
  • + 1 more extracted fact
PDF · Subscribers
Endorsement of Justice Kimmel dated November 28, 2023
  • Presiding officer Justice Kimmel
PDF · Subscribers
Motion Record of the Receiver returnable November 28, 2023PDF · Subscribers
Second Report of the Receiver dated November 17, 2023
  • Cash on hand · Disbursements · Fee schedule · Financial position Subscribers
  • + 10 more extracted facts
PDF · Subscribers
Court Order dated September 15, 2023
  • Order date 15 September 2023
  • Break fee · Stalking horse Subscribers
PDF · Subscribers
Endorsement of Justice Cavanagh dated September 15, 2023
  • Presiding officer Justice Cavanagh
PDF · Subscribers
First Report of the Receiver dated September 6, 2023
  • Sale outcome Sale process approved — The Receiver recommends that the Court issue an order approving the Sale Process
  • Stalking horse Subscribers
PDF · Subscribers
Motion Record returnable September 15, 2023
  • Counsel Aird & Berlis LLP
PDF · Subscribers
Trustee's Preliminary Report to Creditors on Preliminary Administration dated August 25, 2023PDF · Subscribers
Endorsement of Justice Cavanagh dated August 8, 2023
  • Presiding officer Justice Cavanagh
PDF · Subscribers
Receivership Order dated August 8, 2023
  • Applicant DeA CAPITAL ALTERNATIVE FUNDS SGR S.p.A. as managing company of Italian closed-end investment Fund IDeA CCR (Corporate Credit Recovery) I
  • Appointee KSV Restructuring Inc.
  • Appointee role receiver
  • Commencement date 8 August 2023
  • + 3 more extracted facts
PDF · Subscribers
First Report of the Trustee dated August 7, 2023PDF · Subscribers
Application Record returnable August 8, 2023 (Vol 1 of 2)
  • Applicant DeA CAPITAL ALTERNATIVE FUNDS SGR S.p.A., as managing company of Italian closed-end investment Fund IDeA CCR (Corporate Credit Recovery) I
  • Court SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST)
  • Court file no CV-23-00703958-00CL
  • Statutory basis Subsection 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended, and Section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended
PDF · Subscribers
Application Record returnable August 8, 2023 (Vol 2 of 2)PDF · Subscribers
Certificate of Appointment dated August 4 2023PDF · Subscribers

Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.

CiteProceedings., “Util Canada Limited” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/util-canada-limited

Sources last checked · summary updated 20 August 2026 · Report a correction · Printed from proceedings.ca/case/util-canada-limited

Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.