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.
The court granted an approval and vesting order. Closing terms, as extracted: Vesting occurs upon delivery of the Receiver's Certificate confirming payment of the Purchase Price, satisfaction/waiver of conditions in Sections 8, 10 and 12, and completion of the Transaction. Sealed: purchase price under the Purchase Agreement.
Source: Approval and Vesting Order
The officer filed report no. Second Report. The Debtors' business is no longer operational; the Receiver is winding down remaining asset sales (St. Louis, St. Therese, and the Wallaceburg Facility) and expects to complete the receivership following a few remaining tasks.
Source: Second Report of FTI Consulting Canada Inc., as Court Appointed Receiver
Motion Record of FTI Consulting Canada Inc. (Returnable March 27, 2024) — Application / notice of application
First Report of FTI Consulting Canada Inc., as Court Appointed Receiver — Court officer report
Motion Record of FTI Consulting Canada Inc. (Returnable November 6, 2023) — Application / notice of application
The Ontario Superior Court of Justice appointed FTI Consulting Canada Inc. as receiver and manager, on FCC's application, in Court File No. CV-23-00707205-00CL.
Source: Order (Appointing Receiver)
Farm Credit Canada issued its Notice of Application, seeking relief under section 243(1) of the BIA and section 101 of the Courts of Justice Act.
Source: Application Record
Debtor
Whyte's Foods Inc.
Receiver
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 3 orders, Mar 2024 | 111 cases on record |
| Justice Cavanagh | Ontario Superior Court of Justice | 2 orders, Oct 2023 | 318 cases on record |
Counsel of record
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Farm Credit Canada (FCC) · in 40 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 |
| Secured |
1 more claim in 1 class The stack holds Secured claims.
Every creditor and every amount, drawn to scale.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plansThis 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.
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 2023, in feesFirst 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 |
2 blurred figures above
What the firm billed — each as the filing states it, with its source.
Card required. Nothing charged for 5 days. Cancel anytime.
Already a subscriber? Sign in.
See all plansProfessional fees
$392K
As at 17 Mar 2024Second Report of FTI Consulting Canada Inc., as Court Appointed Receiver
| 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.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/whyte-s-foods-inc
Sources last checked · summary updated 20 August 2026 · Report a correction · Printed from proceedings.ca/case/whyte-s-foods-inc
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.