Ontario · CCAA
Motion Record of the Applicant Vol II of II
Application / notice of application · 22 September 2026
AI summary
A plain-English summary drawn only from this filing: what it is, why it matters, and the parties, amounts and dates it turns on.
What we verified from this filing17 verified
- secured creditorsnote: Amount not stated. · page: 21 · debtor: S. Gumpert Co. of Canada Ltd. · creditor: McIntyre Group (third-party logistics provider) · currency: CAD · security: Contractual lien, right of retention and security interests under the 3PL Agreement (June 2, 2026) over Gumpert goods deposited in McIntyre warehouses
- secured creditorsnote: Amount not stated in the pages provided. · page: 30 · debtor: S. Gumpert Co. of Canada Ltd. · creditor: PPSA equipment financiers (PMSI class): RBC, FCC, Toyota Industries Commercial Finance Canada, Inc., CWB National Leasing Inc. · currency: CAD · security: Equipment financing agreements over specialty production equipment (nine kettles, three blenders, tunnel oven); security registered in the PPR
- unsecured creditorsnote: Aggregate amount of outstanding taxes on the Real Property; statutory/priority treatment not stated in the pages provided. · page: 30 · as of: 2026-09-08 · basis: Outstanding municipal property taxes per Township of Woolwich property tax certificates as of September 8, 2026 · amount: 36755.69 · debtor: Applicants (Real Property owner) · creditor: Township of Woolwich (municipal property taxes) · currency: CAD
- secured creditorsnote: Amount is stated principal only, 'plus accrued and unpaid interest and fees'. Applicants in default (failure to maintain debt to equity ratio). Also the proposed DIP lender ($2,000,000 DIP facility, post-filing, not part of this balance). RBC subordinated its security in certain Gumpert equipment to FCC by Postponement Letter dated Feb 6, 2024. FCC also holds equipment financing (see equipment financiers). · page: 35 · as of: 2026-09-14 · amount: 12872000 · debtor: S. Gumpert Co. of Canada Ltd., Gumpert Realco Inc., Gumpert Holding Inc. (and 135 Inc.) · creditor: Farm Credit Canada (FCC) · currency: CAD · security: GSAs from Gumpert, HoldCo, RealCo and 135 Inc. over all present and after-acquired property; mortgage over the Real Property (max. $9,250,000, amended Jan 20, 2025 to max. $16,000,000 — registration ceilings, not balances; registered as WR1575257 and WR1616280); limited personal guarantees from D. McPherson and J. Pociurko, each stated to a max of $2,312,500. Facilities: May 2024 (term $1,500,000; mortgage loan $5,750,000; second term $2,000,000) and Oct 2024 ($4,100,000) — original facility amounts, not balances.
- secured creditorsnote: Related-party insider secured note; amount per affidavit para 90 (HoldCo issued note to McPherson for $995,000 on May 22, 2026). The note's own grid page is not in the pages provided. · page: 36 · as of: 2026-05-22 · amount: 995000 · debtor: Gumpert Holding Inc. · creditor: Daniel McPherson (related party; director/CEO) · currency: CAD · security: Secured grid promissory note (same form as the Pociurko note): non-interest bearing, repayable within 10 days of demand; security interest in all present and future property of HoldCo
- secured creditorsnote: Amount is the 'approximate principal amount' of the RBC Revolver, plus accrued and unpaid interest and fees. Demand facility; demands issued Sept 17, 2026 for repayment by Sept 28, 2026 with s.244-type enforcement notices expiring Sept 28, 2026. Revolver issued under EDC Trade Expansion Lending Program with EDC guarantee/subrogation. RBC registered against RealCo July 19, 2026; affidavit states to the best of deponent's knowledge RealCo has not entered into any security agreement with RBC. Sweeping set-off right over bank accounts. RBC postponed its security in certain Gumpert equipment in favour of FCC. · page: 37 · as of: 2026-09-14 · amount: 4910000 · debtor: S. Gumpert Co. of Canada Ltd. (borrower); Gumpert Realco Inc. and Gumpert Holding Inc. (guarantors) · creditor: Royal Bank of Canada (RBC) · currency: CAD · security: Gumpert GSA (June 1, 2011) over all present and after-acquired property; HoldCo GSA (Nov 21, 2019); limited guarantees from RealCo and HoldCo each to a maximum of $5,835,000 (guarantee ceilings, not balances). RBC Revolver max. principal $5,000,000 (facility limit).
- secured creditorsnote: Related-party insider secured note. Funds were on-lent to Gumpert in consideration of a secured promissory note from Gumpert to HoldCo. Advance recorded on the grid: $200,000 on May 22, 2026. · page: 79 · as of: 2026-05-22 · amount: 200000 · debtor: Gumpert Holding Inc. · creditor: Julia Pociurko (related party; director/CFO) · currency: CAD · security: Secured grid promissory note, non-interest bearing, repayable within 10 days of demand; security interest in all present and future property of HoldCo
- lawyerSharon Kour
- lawyerCaitlin Fell
- lawyerGabrielle Schachter
- lawyerMonique Sassi
- lawyerJoshua Gordon
- lawyerSharon Kour
- lawyerCaitlin Fell
- lawyerGabrielle Schachter
- lawyerMonique Sassi
- lawyerJoshua Gordon