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CanadaInternationalNewsTrucking

Maple Leaf Motoring: Celadon wants US bankruptcy recognized in Canada

Federal investigation into dismissals at Celadon Canadian subsidiary Hyndman Transport might give Ontario court pause before embracing Chapter 11 proceedings in the United States.

Maple Leaf Motoring is a weekly rundown of developments in the world of Canadian transportation. This week: Celadon pushing for Canadian recognition of Chapter 11; transport and warehousing showed surprising resilience during GM strike; and truckload of cannabis stolen.

Celadon Group is seeking to have its U.S. Chapter 11 bankruptcy proceedings recognized in Canada, court filings show. But an ongoing federal investigation into the dismissals at Hyndman Transport might complicate that.

Celadon will petition an Ontario court, likely the Superior Court of Justice, to have the U.S. bankruptcy recognized as the primary proceeding, according to documents in Celadon’s Chapter 11 case underway at U.S. federal bankruptcy court in Delaware. The U.S. firm could have made a filing in Canada already, but if it has, any documents or rulings have yet to be released publicly.

Canadian creditors and former Hyndman Transport workers, and their lawyers, will be following the developments closely. Ex-Hyndman personnel have been discussing their legal options following the Dec. 9 dismissals related to Celadon’s Chapter 11 filing.

Hyndman Transport is part of the U.S. proceedings. But the absence of a Canadian filing has left former workers struggling to make claims for any owed compensation.

Cross-border recognition of bankruptcies is common on both sides of the border. But a large consideration will likely be the interests of former workers at Celadon’s Hyndman Transport. As FreightWaves reported on Dec 24, federal authorities are investigating the dismissals of drivers, mechanics and other staff as a collective termination.

A key difference in U.S. versus Canadian bankruptcy law is the preferential standing of former employees as creditors to claim any compensation such as severance, vacation pay and wages in lieu of a required layoff notice.

Canada’s Bankruptcy and Insolvency Act provides for cross-border recognition of foreign bankruptcies. Judges frequently approve such requests, particularly in cases involving complicated multinational operations, but they have no obligation to do so. Furthermore, Canadian judges have a wide degree of latitude about how they decide to recognize a U.S. proceeding.

Don’t be surprised if lawyers for former Hyndman personnel come out the woodwork and request separate Canadian proceedings. 

Transportation and warehousing showed surprising strength during GM strike 

Source: Statistics Canada

Canada’s transportation and warehousing sector increased during October in monthly GDP figures despite the disruption of the GM strike in the U.S.

The sector increased by 0.6% percent in October, according to the latest GDP in industry data released by Statistics Canada on Dec. 23, reversing four months of declines. Trucking was essentially flat, increasing by 0.16%.

The strike at General Motors plants in the U.S. hit Canadian supply chains during the month. The impact hit a variety of connected sectors but not transportation.

It’s probably best not to read too deeply into a single month of data, even if it is unexpected.

“It was surprising to see a break from the downward trend in the sector given the GM headwinds. Whether this uptick can persist is an open question — the CN strike will weigh on the rail sub-sector next month,” TD Bank Senior Economist Brian Depratto wrote in an email to FreightWaves.

Truck full of cannabis stolen

A truck carrying a Toronto company’s cannabis shipment was stolen from an unnamed carrier’s facility. 

Aleafia Health said it learned the theft happened on Dec. 20 after receiving notice from the carrier.

Aleafia did not disclose the value of the shipment. Though cannabis is a particularly valuable target, cargo theft is a huge problem in Canada.

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Nate Tabak, Canada Correspondent

Nate Tabak is a Toronto-based journalist who covers Canada for FreightWaves. He spent seven years as an investigative reporter, producer and editor based in Kosovo. He previously worked at newspapers in the San Francisco Bay Area, including the San Jose Mercury News. He graduated from UC Berkeley. Contact Nate at ntabak@freightwaves.com.

5 Comments

  1. Quote :

    “A truck carrying a Toronto company’s cannabis shipment was stolen from an unnamed carrier’s facility. ”

    I’m surprised that this particular product isn’t being stolen more often .

    Quote :

    “cargo theft is a huge problem in Canada.”

    Yes especially in Ontario . Apparently OC groups are working in tandem and are quite organized in this particular matter . Drivers need to be extra cautious out there , and yards as well as truck stops more secured .

    I would be curious to know how many commercial trucks have anti theft and alarm systems compared to automobiles ??? I’m willing to bet slim & none !

    Thieves can currently jam the GPS signal .

    In regards to the cargo itself , RFID may be one potential solution among many . Currently apparently still too expensive . However , ie: if it were imbedded in the packaging of the product , you would then know where that product ended up and who bought it from thieves .The RFID should also set off an alarm to the shippers central security department if product is removed from the truck without being deactivated by the “receiver” before product is removed from the truck .

    You can google this title :
    “Ontario’s cargo theft ‘epidemic’ is costing you money and seems to be getting worse”

    In my humble opinion ……….

  2. Now check this out :

    Quote:

    “The Canadian Trucking Association was established by a group of forward-looking individuals with a desire to help their companies grow and prosper by leveraging their combined resources and common needs for education, information and legislative representation.
     
    This legacy continues to represent the primary mandate of the CTA today.  We’re here to directly support the success of trucking companies that provide service in Canada.”

    Requote : ” forward-looking individuals ” ???

    Quote:

    “What Is Forward Looking?
    The term “forward looking” is a business term used to identify predictions about future business conditions,”

    Taken from the OTA

    Quote :

    “Canadian Cargo Theft Surpasses the U.S.”

    Did the “forward-looking individuals ” see that coming ?

    Did they see Driver inc abuse coming ?

    Did they see the lack of younger generation interest in truck driving coming ?

    Did they see overcapacity coming ?

    Did they see the majority of truckers getting fed up beyond belief coming ?

    Did they see a lack of training causing a major problem coming ? ETC, ETC, ETC !

    I rest my case !

    In my humble opinion …………..

  3. Forward looking :

    I predict that human beings will be required to be microchipped by law . They’ll come up with some sort of propaganda in regards to our and national security .

    Speaking of which :

    Quote :

    “MONTREAL — A new pet bylaw requiring cats and dogs to have licences and microchips aims to curb the number of abandoned animals in Montreal.
    As of Jan. 1, 2020, owners of cats and dogs older than three months will be required to have a licence that must be renewed every year.

    Animals older than six months will also need to be microchipped. Microchips help keep your lost pet from staying lost: the small capsule the size of a grain of rice is implanted under the skin and contains a computer chip with a unique 15-digit code.

    If not, owners will have to pay a fine:
    $600 for a first offence
    $1,200 for a second offence”

    End quote .

    If you’re worried about your right to privacy or being tracked due to an ELD and or it gathering information on you etc , wait when they force us all to be microchipped .

    Imagine , they’ll know when you’re sleeping ,they’ll know when you’re awake , they’ll know if you’ve been bad or good , so be good for goodness sake , ohh you better watch out , you better not …….. LOL !

    The ultimate question is : Where will they plan on inserting that microchip in humans so that they can’t remove it , and what exactly will that microchip contain besides information that can be activated from a distance from within to retrain us in case we step out of order ?

    They’ll most likely attempt to CONvince us in regards to our children’s safety at first .

    And if we’re caught jamming the signal , no questions asked , directly to PRISON !

    Don’t you just love “totalitarianism” .

    In my humble opinion ………….

      1. And Americans “shooting” each other !

        Quote:

        Man killed in truck stop shooting was trying to retrieve truck from fired driver
        By Ashley –
        December 19, 2019

        Quote :

        “Trucker vs. trucker shooting leads to attempted murder charge”

        Police say that they responded to a call about shots fired at the Travel Centers of America truck stop in Hampshire, Illinois, just before 5 p.m. on Saturday, June 8.
        Authorities say that two truck drivers were arguing because Lutz believed that the other truck driver was blocking the road. Both truckers retreated to their vehicles. Lutz reportedly retrieved a .45-caliber handgun from his truck and then fired two shots into the driver’s side door of the other driver’s vehicle.

        Quote :

        “Truck Stop Parking Dispute Leads To Gunfire”
        A dispute at a Love’s in Pennsylvania that started over parking led to gunfire. The trucker who fired her weapon was arrested and now faces multiple felony charges.”

        Quote:
        Shots Fired At Truck Stop Over Parking Spaces

        Two truckers got in an altercation at a truck stop in Florida over parking spaces. The incident ended with a broken window, gunshots, and one of them in a county jail.”

        End quotes .

        If it isn’t over a parking spot , it’s over being fired ! Are all “Americans” that whacked ??? NO , just too many for comfort .

        But , I like ya American truckers just the same ,from far away though . LOL ! (wink)

        In my humble opinion …………

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