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CanadaBis - Motion Materials
The following motion materials have been filed in the proceedings:
August 27, 2026 Application
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 Approval and Reverse Vesting Order and Stay Extension and Termination Order Application |
August 19, 2026 |
Application for:
- an order (the "Approval and Reverse Vesting Order"), substantially in the form attached as Schedule "B" that, among other things:
- approves the subscription agreement among the Applicants and 2208318 Alberta Ltd. dated August 19, 2026 (the "Subscription Agreement") and the transaction contemplated therein (the "Transaction");
- transfers and vests all of the Applicants' right, title and interest in and to the Excluded Assets, Excluded Contracts, and Excluded Liabilities to and in ResidualCo (as defined); and
- an order (the "Stay Extension and Termination Order"), substantially in the form attached as Schedule "C" that, among other things:
- extends the Stay Period (as defined in the SARIO) in favour of the Applicants and their directors and officers from September 11, 2026 up to and including October 30, 2026;
- upon the filing of a certificate of the Monitor in the form appended to the proposed Stay Extension and Termination Order (the "Termination Certificate"), terminates these CCAA proceedings and discharges the Monitor (the "CCAA Termination Time");
- terminates the Court-ordered charges approved in these CCAA proceedings effective as at the CCAA Termination Time; and
- permits ResidualCo to assign itself into bankruptcy, and authorizes FTI to act as the bankruptcy trustee in respect of ResidualCo.
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| Bench Brief of the Applicants |
August 19, 2026 |
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| First Affidavit of Jeffrey Holmgren |
August 19, 2026 |
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June 10, 2026 Application
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| SISP Order and Second ARIO Application |
June 1, 2026 |
Application for:
a) an order (the "SISP Order"), substantially in the form attached as Schedule "B" granting, among other things:
(i) approval of the sale and investment solicitation process ("SISP") substantially in the form attached at Schedule "A" to the SISP Order;
(ii) authority for the Monitor and the Applicants to immediately commence the SISP;
(iii) authority and direction for the Monitor, the Applicants, and their respective affiliates, partners, employees, advisors and agents to take any and all actions as may be necessary or desirable to implement and carry out the SISP in accordance with its terms and the SISP Order; and
b) an order (the "Second ARIO"), substantially in the form attached as Schedule "C" amending and restating the First ARIO (as defined), to:
(i) permit, but not require, the Applicants to make termination and severance payments to employees terminated during this proceeding; and
(ii) extend the Stay (as defined) in favour of the Applicants and their directors and officers from June 11, 2026 to September 11, 2026.
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| Bench Brief of the Applicants |
June 1, 2026 |
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| Book of Authorities |
June 1, 2026 |
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| Second Affidavit of Travis McIntyre |
June 1, 2026 |
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Bench Brief - Amended and Restated Initial Order
Book of Authorities
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April 22, 2026 |
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Application - Amended and Restated Initial Order |
April 21, 2026 |
Application for an Amended and Restated Initial Order (the "ARIO"), amending and restating the Initial Order (the "Initial Order") granted by the Honourable Justice Jones in the within proceeding on April 17, 2026, that, among other things:
- abridges the time for service of this Application and declares that it is properly returnable on the day heard, if necessary, and dispenses with further service of this Application to any other party, other than to those listed on the Service List attached as Schedule "A";
- extends the stay of proceedings granted in respect of the Applicants and their directors and officers up to and including June 11, 2026;
- authorizes the Applicants to pay reasonable expenses incurred by them in operating their business in the ordinary course, including making payment of obligations owing in respect of goods and services supplied to the Applicants prior to the date of the Initial Order by critical vendors to the extent required to ensure ongoing supply of critical goods and services, subject to prior approval by the Monitor, up to a maximum aggregate amount of $290,000;
- increases the quantum of the following charges against the Property: the "Administration Charge" up to the maximum amount of $375,000; and the "D&O Charge" up to the maximum amount of $2,900,000;
- elevates the priority of the Administration Charge and D&O Charge ahead of all other security interests, trusts, liens, charges and encumbrances, and claims of secured creditors, statutory or otherwise in favour of any person ("Encumbrances");
- authorizes the Applicants to file a plan of compromise or arrangement;
- prohibits any person from setting off any amounts that: (i) are or may become due to the Applicants in respect of obligations arising prior to the date of the Initial Order with any amounts that are or may become due from the Applicants in respect of obligations arising on or after the date of the Initial Order; or (b) are or may become due from the Applicants in respect of obligations arising prior to the date of the Initial Order with any amounts that are or may become due to the Applicants in respect of obligations arising on or after the date of the Initial Order, without the consent of the Applicants and the Monitor or further Order of this Court; and
- such other relief as may be required to advance the Applicants' restructuring efforts.
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Originating Application
Bench Brief of the Applicants
Affidavit of Travis McIntyre
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April 17, 2026 |
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