Whyte’s Foods Inc. (Proposal)
Follow- Proceeding
- NOIBANKRUPTCY AND INSOLVENCY ACT, R.S.C. 1985, c. B-3, AS AMENDED
- File
- CV-23-00707052-00CL
- Industry
- Manufacturing · Food & beverage manufacturing
Whyte's Foods Inc. filed a notice of intention to make a proposal under the Bankruptcy and Insolvency Act on August 23, 2023, and the Ontario proceeding remains active. The Proposal Trustee estimated the company's assets at $54,230,000 as at the filing date, including capital assets of $30,286,000 and receivables of $9,830,000, roughly 60% of which are owed by Smucker and in dispute. Farm Credit Canada was owed approximately $34.4 million and Wells Fargo Capital Finance Corporation Canada approximately $8.1 million at the filing date, both under forbearance, with Wells Fargo's extended to October 10, 2023 under a DIP facility agreement of up to $2.7 million. Related party EJJ Capital Inc. holds subordinate security for approximately $3.8 million. Unsecured trade creditors are owed approximately $13 million and Agriculture and Agri-Food Canada approximately $4.9 million.
FCC v Whyte’s - Revised Draft Receivership Order (Returnable October 6, 2023) — Receivership order
Issued Order (NOI Termination and Transition) - Whyte's Foods Inc. — Transition order (NOI → CCAA)
Wells Fargo v Whyte’s - Revised Draft Receivership Order (Returnable October 6, 2023) — Receivership order
Application Record of Farm Credit Canada (Returnable October 6, 2023) — Application / notice of application
Application Record of Wells Fargo Capital Finance Corporation Canada (Returnable October 6, 2023) — Application / notice of application
Motion Record of the Applicant (Returnable October 6, 2023) — Application / notice of application
Motion Record of the Applicant (Returnable August 31, 2023) — Application / notice of application
Undated filings2 — no date appears on the document · show
Amended Notice of Motion of the Applicant (St. Louis Sale Approval and Stay Extension) (Returnable Oct. 6, 2023) — Application filed
Factum of the Applicant – Wells Fargo Capital Finance Corporation Canada — Application filed
Guide
CCAA vs bankruptcy vs receivership: what's the difference in Canada
When a Canadian company can't pay its debts, it can restructure under the CCAA or a proposal, its lender can put in a receiver, or it can go bankrupt. Who controls the business on each route, who decides, how long it takes and what creditors get, drawn from the court record.
Debtor
Whyte’s Foods Inc. (Proposal)
Proposal trustee
Alvarez & Marsal
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Cavanagh | Ontario Superior Court of Justice | 6 orders, Aug 2023 – Oct 2023 | 316 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ApplicantWhyte’s Foods Inc. (Proposal) | Norton Rose Fulbright Canada LLP | 6 Oct 2023 | Order · 6 Oct 2023 |
| CreditorWhyte's Foods Inc | Stikeman Elliott LLP | 6 Oct 2023 | Order · 6 Oct 2023 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Farm Credit Canada (FCC) · in 40 casesas of Filing Date (August 23, 2023) — Real property loans: original agreement of May 20, 2020 with two real property loans totalling $18.3 million (original advances); amended and restated April 11, 2023 adding refinancing facilities of $10 million and $7.3 million real property loans (principal amounts, not balances). Guaranteed by Triak, Mario Saroli and Maison Gourmet (unlimited) and Ms. Kawaja (limited). Holds security over Non-trade Personal Property (FCC Collateral). — Stated as 'approximately $34.4 million' total outstanding under the FCC Credit Agreement. FCC Loan Parties in default; f | $34.4M | First Report of the Proposal Trustee |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
8 more claims in 2 classes The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
$9 today, then $99 a month from day 8. Cancel anytime.
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See all plansClosed · the record states no distribution outcome.
As at ·
The total 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 |
|---|---|---|
| Proposal Trustee's Certificate | PDF · Subscribers | |
Endorsement of Cavanagh, J. (6 Oct 2023)
| PDF · Subscribers | |
| FCC v Whyte’s - Revised Draft Receivership Order (Returnable October 6, 2023) | PDF · Subscribers | |
Issued Order (Appointing Receiver) – Wells Fargo v Whyte’s
| PDF · Subscribers | |
Issued Order (NOI Termination and Transition) - Whyte's Foods Inc.
| PDF · Subscribers | |
Issued Order (St Louis Sale Approval, Stay Extension and Sealing)
| PDF · Subscribers | |
Order (Appointing Receiver) – FCC v Whyte’s
| PDF · Subscribers | |
| Revised Draft Order of the Applicant – Whyte’s Foods Inc. (Returnable October 6, 2023) | PDF · Subscribers | |
Wells Fargo v Whyte’s - Revised Draft Receivership Order (Returnable October 6, 2023)
| PDF · Subscribers | |
| Factum of the Applicant – Farm Credit Canada | PDF · Subscribers | |
| Application Record of Farm Credit Canada (Returnable October 6, 2023) | PDF · Subscribers | |
| Factum of the Applicant (St. Louis Sale Approval, Stay Extension and Sealing) | PDF · Subscribers | |
| Second Report of the Proposal Trustee | PDF · Subscribers | |
| Application Record of Wells Fargo Capital Finance Corporation Canada (Returnable October 6, 2023) | PDF · Subscribers | |
| Motion Record of the Applicant (Returnable October 6, 2023) | PDF · Subscribers | |
| Update to the First Report of the Proposal Trustee | PDF · Subscribers | |
Endorsement of Cavanagh, J.
| PDF · Subscribers | |
Initial Order (Approval of DIP Financing, Charges, SISP and Stay Extension)
| PDF · Subscribers | |
| Revised Draft Order | PDF · Subscribers | |
| Factum of the Applicant (Initial Order) | PDF · Subscribers | |
First Report of the Proposal Trustee
| PDF · Subscribers | |
| Motion Record of the Applicant (Returnable August 31, 2023) | PDF · Subscribers | |
Amended Notice of Motion of the Applicant (St. Louis Sale Approval and Stay Extension) (Returnable Oct. 6, 2023)
| PDF · Subscribers | |
| Factum of the Applicant – Wells Fargo Capital Finance Corporation Canada | 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)” (NOI), Ontario Superior Court of Justice. Retrieved 16 October 2026, https://proceedings.ca/case/whyte-s-foods-inc-noi