January 14, 2021
Kalco Farms Ltd. ("Farms"), a Gibbons, Alberta-based farm which produces and markets cereal grains such as wheat, barley, and rye, along with Kalco Investments Ltd. ("Investments"), were placed in receivership on January 14 on application by BMO, owed approximately $5.0 million from Farms and $11.2 million from Investments. The companies had granted security in favour of BMO, including, among other things, general security agreements securing all of the companies' real and personal property and mortgages in relation to lands owned by the companies. These agreements allow and provide for the appointment of a receiver or a receiver and manager upon default in respect of obligations owed to BMO. By failing to keep up with their loan obligations, the companies defaulted under these agreements. In addition, various assets of the companies were seized in 2020 on the basis of a security interest and landlord distress. As such, BMO has significant concerns regarding the stability of its security and has lost confidence in the companies to repay their indebtedness. The Bowra Group was appointed receiver. Dentons is counsel to the applicant.