Insolvency and restructuring matters require clear communication with creditors and stakeholders. The latest information relating to current proceedings are posted here as soon as they are available.
669699 N.B. Ltd., MP Atlantic Wood Ltd. and New Future Lumber Ltd. (collectively, the "Applicants")
FINAL UPDATE - OCTOBER 1, 2018 - The Monitor was discharged by Court order dated August 27, 2018, with effect on July 3, 2018. The CCAA proceeding is at an end.
All future inquiries regarding the Applicants' property, claims against the Applicants' and/or their property and the Interim Receivership proceedings should be directed to:
Grant Thornton Limited
Suite 506, 6940 Mumford Road, Halifax, NS, B3L 0B7
Attn: Mr. Peter Wedlake, Senior Vice President
Tel: (902) 482-7242
Fax: (902) 453-9257,
On November 29, 2017, the Applicants sought and obtained from the Court of Queen Bench of New Brunswick (the “Court”) an initial order (the “Initial Order”) under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the “CCAA”). A Charging Order was granted at the same time giving priority to DIP Lender advances of $225,000 and for an Administration Charge in the amount of $100,000.
Powell Associates was appointed by the Court as the Monitor in these CCAA proceedings.
At the Court hearing of December 19, 2017, the Court granted the Applicants an extension of the stay of proceedings to January 31, 2018. The Court also ordered the sealing of Exhibits "L" and "M" of the First Report of the Monitor dated December 15, 2017. No changes were made to the amount of the approved DIP Lender's Charge nor the Administration Charge which continue to be $225,000 and $100,000, respectively.
At the Court hearing of January 31, 2018, the Court granted the Applicants an extension of the stay of proceedings to April 23, 2018. No changes were made to the amount of the approved DIP Lender's Charge nor the Administration Charge which continue to be $225,000 and $100,000, respectively.
On March 26, 2018, the Monitor filed a Motion seeking directions regarding Monitor's concerns over (i) the Applicants' ability to formulate a viable Plan to present at the hearing scheduled for April 23, 2018, and (ii) the short term financial viability of the Applicants. The motion is scheduled to be heard on April 11, 2018. On March 29, 2018, the Monitor filed its Third Report to advise the Court of a Material Adverse Change.
On April 5, 2018, RBC filed a motion seeking to lift the CCAA stay of proceedings and for the Court appointment of an interim receiver. That motion was heard on April 11, 2018. The Court ordered the lifting of the CCAA stay of proceedings and appointed Grant Thornton Limited as Interim Receiver. A copy of the Interim Receiver Order is posted below.
Pursuant to a motion filed by the Monitor and heard on July 3, 2018, the Court approved the accounts of the Monitor and counsel to the Monitor and discharged the Monitor. The Order from that hearing is dated August 27, 2018 and is posted below.
All date abbreviations are in the form YYMMDD.
Initial Order (Effective 171129) - 171205
Charging Order - (Effective 171129) - 171205
Stay Extension & Sealing Order - 171219
Stay Extension Order - 180131
Interim Receivership Order - 180412
Monitor Discharge Order - 180827
Report of the Proposed Monitor - 171123
First Report of the Monitor - 171215
Second Report of the Monitor - 180129
Third Report of the Monitor - 180329
APPLICATION & MOTION MATERIALS
Initial Application - Hearing on 171129
Notice of Application - 171124
Affidavit of Paul Sibley - 134 pages - 171124
Affidavit of Brian Anderson - 412 pages - 171128
Brief of Applicants - 171128
Comeback Hearing on 171219
Notice of Motion - 1st Extension - 171216
Affidavit of Paul Sibley - 171216
Brief on Behalf of RBC - 171218
Comeback Hearing on 180131
Amended Affidavit of Ryan Demerchant - 180126
Notice of Motion - 2nd Extension - 180126
Brief of Applicants re DOJ Motion - 180129
Affidavit of Brian Anderson (RBC) - 180130
Brief of RBC re Extension Motion - 180130
Monitor's Motion for Directions on 180411
RBC's Motion to Lift Stay and for a Court Appointed Interim Receiver on 180411
RBC Motion - Part 1 - 180405
RBC Motion - Part 2 - 180405
RBC Motion - Part 3 - 180405
RBC Motion - Part 4 - 180405
RBC Motion - Part 5 - 180405
RBC Motion - Part 6 - 180405
Monitors Motion for Approval of Fees and Discharge heard on July 3, 2018
LIST OF CREDITORS