June 25, 2021

Filing Type:

Company Counsel: Bennett Jones

Trustee: Deloitte

Trustee Counsel: Dentons

Applicant: TD

Applicant Counsel: Miller Thomson

Industry:

Province:

Certus Automotive Inc. and Keen Point International Inc., which provide engineering, manufacturing, and distribution services with respect to specialized chrome plating products for the automotive industry, were placed in receivership on June 25 on application by TD, owed approximately $10.3 million (CAD) and $7.4 million (USD). The companies operate their business through a group of 12 companies known as the "Certus Automotive Group", with facilities located in Ontario, Michigan, Texas, China, Mexico, and Germany. The companies incurred significant and unexpected costs, losses, delays, and quality control problems associated with the construction and initial operations of the plant located in Mexico. Despite being granted a forbearance agreement by TD, the companies have repeatedly defaulted under this agreement and have also failed to close either a financing or sale of their assets. In November 2019, the companies entered into loan arrangements (the "FGI Loan") with FGI Worldwide LLC ("FGI"). In connection with the FGI Loan, TD agreed to subordinate its security interest against the companies' assets and properties to FGI, except as against certain machinery and equipment. TD has lost confidence in the companies and is especially concerned about the developments surrounding the Mexican plant. Deloitte was appointed receiver. Counsel is Miller Thomson for the applicant, Bennett Jones for the companies, Dentons for the receiver, and Blakes for FGI.