Whyte's Foods Inc.
Follow- Proceeding
- Proposalsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-23-00707205-00CL
Whyte's Foods Inc./Les Aliments Whyte's Inc. has been under the receivership of FTI Consulting Canada Inc. since October 6, 2023, when the Ontario Superior Court of Justice made an order on the application of Farm Credit Canada under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, in Court File No. CV-23-00707205-00CL. FCC put its aggregate outstanding indebtedness against Whyte's and the related debtors Triak Capital Inc., Maison Gourmet Inc. and Mario Saroli Sales Inc. at $34,695,269.77 as at October 3, 2023, excluding professional fees, disbursements and accruing interest. Wells Fargo Capital Finance Corporation Canada reported $8,109,221.60 of principal outstanding on the same date. Under the amended and restated Intercreditor Agreement, FCC ranks first against Non-Trade Personal Property and behind Wells Fargo against Trade Personal Property. The proceeding is active.
16 earlier updates, back to 6 October 2023 — subscribers.
Debtor
Whyte's Foods Inc.
Proposal trustee
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 2 orders, Mar 2024 | 104 cases on record |
| Justice Cavanagh | Ontario Superior Court of Justice | 2 orders, Oct 2023 | 288 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Proposal trusteeFTI | Bennett Jones LLP | 25 Mar 2024 | Factum · 25 Mar 2024 |
| CreditorFTI Canada Consulting Inc | Bennett Jones LLP | 26 Mar 2024 | Affidavit · 26 Mar 2024 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Farm Credit Canada (FCC) · in 34 casesFCC Credit Agreement (Initial FCC Credit Agreement, FCC ARCA, FCC Forbearance Agreement). Initial FCC Credit Agreement (May 20, 2020) two real property loans, maximum principal $18,217,500 in aggregate; FCC ARCA (April 11, 2023) added two further real property loan facilities, maximum principal $17,300,000; aggregate maximum principal under FCC ARCA $35,517,500 (facility limit, not a balance). FCC Security includes: Mortgage, principal $35,000,000, by Whyte's in favour of FCC dated May 19, 2020, first charge on Wallaceburg Property (Instrument No. CK173090); universal deed of hypothec (movable · as of 3 Oct 2023 | $34.7M | First Report of FTI Consulting Canada Inc., as Court Appointed Receiver |
2 transactions · 1 closed · 1 approvedSecond Report of FTI Consulting Canada Inc., as Court Appointed Receiver · 20 Mar 2024
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 9498-8995 Québec Inc. and 9498-8938 Québec Inc.the St. Louis Facility and the Non-Trade Personal Property located thereon · asset sale | not stated | Closed12 Oct 2023 | Second Report of FTI Consulting Canada Inc., as… |
| THS Foods Canada, Ltd.the Non-Trade Personal Property / Purchased Assets described in the THS APA · asset sale · agreement 23 Oct 2023 | Sealed | Approved | Second Report of FTI Consulting Canada Inc., as… |
1 engagement · 1 firm — Bennett Jones LLP, to 27 Oct 2023First Report of FTI Consulting Canada Inc., as Court Appointed Receiver · 30 Oct 2023
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Bennett Jones LLPCounsel to the receiver | to 27 Oct 2023 | — | ••• | ••• | First Report of FTI Consulting Canada Inc., as Court Appointed Receiver · 30 Oct 2023 |
| Date | Document | File |
|---|---|---|
Approval and Vesting Order
| PDF · Subscribers | |
Distribution and Ancillary Relief Order
| PDF · Subscribers | |
Endorsement of Justice H. J. Wilton-Sigel
| PDF · Subscribers | |
Affidavit of Milan Singh-Cheema (Sworn March 26, 2024)
| PDF · Subscribers | |
| Approval and Vesting Order (Draft) | PDF · Subscribers | |
| Blackline Approval and Vesting Order (Draft) | PDF · Subscribers | |
Factum of the Receiver
| PDF · Subscribers | |
| Motion Record of FTI Consulting Canada Inc. (Returnable March 27, 2024) | PDF · Subscribers | |
Second Report of FTI Consulting Canada Inc., as Court Appointed Receiver
| PDF · Subscribers | |
| Service List | PDF · Subscribers | |
| Receiver's Certificate | PDF · Subscribers | |
Endorsement of Justice Steele
| PDF · Subscribers | |
First Report of FTI Consulting Canada Inc., as Court Appointed Receiver
| PDF · Subscribers | |
Motion Record of FTI Consulting Canada Inc. (Returnable November 6, 2023)
| PDF · Subscribers | |
Proposal Trustee's Certificate
| PDF · Subscribers | |
Endorsement of Mr. Justice Cavanagh
| PDF · Subscribers | |
Order (Appointing Receiver)
| PDF · Subscribers | |
| Applicant's Factum (Receivership Appointment) | PDF · Subscribers | |
Application Record
| 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., “Whyte's Foods Inc.” (Proposal), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/whyte-s-foods-inc