ASR operated a trucking business with a fleet of approximately 60 tractors and 140 trailers. RGC, a related company, provided international truckload services between the US and Canada. RGC’s largest customer was Ford Motor Company.
The principals of the companies were involved in a dispute concerning the ownership, operation and sale of RGC for several years. One of the principals brought an application to appoint KSV as a receiver in order to:
a) operate and manage RGC and sell the trucking, warehousing and logistics business; and
b) conduct an investigation into certain issues to ensure that the trucking business is being sold in a manner that maximizes value.
The sale and investigation mandates are ongoing. The focus of the investigation mandate is to determine if portions of ASR’s business were diverted to a competitor owned by one of the principals at the expense of the other principal of ASR. As part of the mandate, the Receiver conducted a review of ASR’s emails, examined the key parties and reviewed all of the bank statements to identify transactions out of the ordinary course.