http://CFCanada.fticonsulting.com
Home
Status Updates
Court Orders
Reports
Motion Materials
Claims Procedure
CCAA Plan and Meeting Materials
U.S. Chapter 15 Proceedings
Other Documents & Notices
Service List

Imperial Tobacco Canada Limited - Court Orders

The following Court Orders have been granted in the proceedings:

 Supplementary Endorsement of Justice Morawetz November 7, 2024
 
Endorsement of Chief Justice Morawetz extending the stay of proceedings until January 31, 2025, as well as granting of the Meeting Order and Claims Procedure Order.

 Endorsement of Justice Morawetz
November 4, 2024
 
Claims Procedure Order that inter alia establishes a claims procedure for the identification of Affected Claims against Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (collectively, the "Applicant" or "Imperial")

 Claims Procedure Order
October 31, 2024
 
Meeting Order that provides, among other things:

(i) accept the filing of the Plan of Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (collectively, "Imperial" or the "Applicants") under the CCAA;
(ii) authorize and direct the monitor to call, hold and conduct a meeting of Affected Creditors to vote on the Plan Resolution (the "Meeting");
(iii) authorize, pursuant to section 22 of the CCAA, the classification of creditors into a single class for the purposes of the Meeting and voting on the Plan;
(iv) approve, the procedures to be followed at the Meeting, including voting procedures;
(v) authorize, approve and direct the mailing, posting and distribution of certain Meeting Materials and other procedures to be followed to provide notice of the Meeting; and
(vi) authorizes the Monitor to make a motion (the "Sanction Motion") for the Sanction Hearing where the Court will decide whether to grant an order approving and sanctioning the Plan (the "Sanction Order")

 Meeting Order
October 31, 2024
 
Stay Extension Order extending the stay of proceedings until January 31, 2025

 Stay Extension Order
October 31, 2024
 
Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until October 31, 2024

 Stay Extension Order
 Endorsement of Justice Morawetz
October 1, 2024
 
Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until September 30, 2024.

 Stay Extension Order
 Endorsement of Justice Morawetz
March 25, 2024
 
 Amended order of Chief Justice Morawetz in respect of the appointment of Daniel Shapiro as consultant to the Mediator December 6, 2023
 
Stay Extension Order and Endorsement of Chief Justice Morawetz extending the stay of proceedings until March 29, 2024

 Stay Extension Order
 Endorsement of Justice Morawetz
October 5, 2023
 
 Letter of Chief Justice Morawetz directing format of September 27 hearing on stay extension motion September 5, 2023
 
 Reasons for Decision of Justice McEwen denying leave by Heart & Stroke Foundation of Canada to bring a motion to appoint representative counsel June 26, 2023
 
Stay Extension Order and Endorsement of Justice McEwan extending the stay of proceedings until September 29, 2023

 Stay Extension Order
 Endorsement and Unofficial Transcript of Justice McEwan
March 30, 2023
 
Endorsement of Justice McEwen regarding assumption of case management duties by Chief Justice Morawetz effective July 1, 2023

 Endorsement of Justice McEwan
May 17, 2023
 
 Endorsement of Justice McEwen regarding motion for leave by Heart & Stroke Foundation of Canada to appoint representative counsel February 14, 2023
 
Stay Extension Order and Endorsement of Justice McEwen extending the stay of proceedings until March 31, 2023

 Endorsement
 Stay Extension Order
 Unofficial typewritten endorsement
September 29, 2022
 
Order and Endorsement of Justice McEwen regarding the posting of security as required by the Excise Act Amendments

 New Excise Act Security Order
 Endorsement of Justice McEwen
July 11, 2022
 
Stay Extension Order and Endorsement of Justice McEwen

 Imperial Tobacco - Stay Extension Order
March 22, 2022
 
Stay Extension Order and Endorsement of Justice McEwen

 Imperial Tobacco - Stay Extension Order
 Endorsement McEwen J dated September 27, 2021
September 27, 2021
 
Stay Extension Order and Endorsement of Justice McEwen

 Imperial Tobacco - Stay Extension Order
 Endorsement and Unofficial Transcript of Justice McEwen dated April 6, 2021
March 30, 2021
 
Stay Extension Order and Endorsement of Justice McEwen

 Stay Extension Order
 Endorsement
September 29, 2020
 
Order of Justice McEwen for the Appointment of a Consultant to the Court-Appointed Mediator

 Appointment of a Consultant to the Court-Appointed Mediator
September 15, 2020
 
Order varying the stay of proceedings imposed by the Second Amended and Restated Initial Order dated March 12, 2019

 Order issued March 16, 2020
March 16, 2020
 
 Endorsement March 6, 2020
 
Stay Extension Order and Endorsement of Justice McEwen extending the stay of proceedings until and including September 30, 2020.

 Stay Extension Order
 Endorsement
February 20, 2020
 
Reasons and Decision of the Honourable Mr. Justice McEwen dated January 3, 2020 in connection with the joint motion for advice and direction regarding the proposed appointment of representative counsel.

 Reasons and Decisions
January 3, 2020
 
Order appointing The Law Practice of Wagner & Associates, Inc. as representative counsel to represent the interests of the TRW Claimants in the CCAA proceedings

 Representative Counsel Order
December 9, 2019
 
Endorsement of Justice McEwen on the representative counsel motion heard on December 6, 2019

 Endorsement
December 9, 2019
 
Unofficial typewritten endorsement of Mr. Justice McEwen dated October 18, 2019.

 Unofficial typewritten endorsement
October 23, 2019
 
Stay Extension Order extending the stay of proceedings until and including March 12, 2020.

 Stay Extension Order
October 08, 2019
 
 Endorsements for Stay Extension and CCS participation by Justice McEwen October 03, 2019
 
 Court-to-Court Communications Order July 09, 2019
 
Order of Justice McEwen appointing a financial advisor (A&M) to the Court-Appointed Mediator

 Order Appointing FA, issued and entered July 2, 2019
July 02, 2019
 
Endorsement of Justice McEwen dated June 27, 2019 relating to the Genstar Settlement Approval Order and in connection with yesterday's motions.

 Endorsement - Genstar Settlement
 Endorsement of Justice McEwen
June 27, 2019
 
Endorsement of the Honourable Mr. Justice McEwen dated June 26, 2019 with respect to the Common Service Protocol.

 Endorsement dated June 26, 2019 re Common Service Protocol
June 26, 2019
 
Copies of the issued and entered Stay Extension Order and Genstar Settlement Approval Order.

 Stay Extension Order
 Genstar Settlement Approval Order
June 26, 2019
 


 Clarification of Insurance Lift-Stay Order
 Endorsement
May 31, 2019
 


 Court Call Endorsement
 Communication & Confidentiality Protocol Endorsement
May 24, 2019
 
 Endorsement of Professional Fee Disclosure Order May 16, 2019
 
Order issued to provide for monthly disclosure of professional fees and disbursements paid by ITCAN and ITCO.

 Professional Fee Disclosure Order
May 14, 2019
 
Notice Procedure Order and Endorsement issued on May 14, 2019 by Justice McEwen regarding the settlement between Imperial Tobacco Canada Limited and Representatives of beneficiaries of the U.S. Genstar Plans. Notice Package sent to beneficiaries is also included.

 Notice Procedure Order
 Endorsement of Justice McEwen
 Notice Package
May 14, 2019
 
Reasons for decision by Justice McEwen to dismiss Ontario's motions to lift the stay.

 Reasons for Decision
May 01, 2019
 
Court Order regarding the partial lifting of stay sought by Ontario, issued April 29th by Justice McEwen. The Court confirmed that, except as expressly provided for in the Order, the Ontario HCCR Action is otherwise stayed and suspended pending further Order of the Court.

 Order to Amend Ontario Claim
April 29, 2019
 
Second Amended and Restated Initial Order issued by Justice McEwen.

 Second Amended and Restated Initial Order
April 25, 2019
 
Endorsement of Justice McEwen on the Insurance Settlements.

 Justice McEwen Endorsement on Insurance Settlements (Consent)
April 25, 2019
 
Court Order to approve appointment of Ari Kaplan of Kaplan Law as Representative Counsel and Robert M. Brown and George A. Foster as Representatives for the Former Genstar U.S. Retiree Group Committee.

 Representation Order
April 25, 2019
 
Reasons for decision by Justice McEwen regarding the Court Order issued on the hearing of the Comeback Motion on April 5, 2019.

 Reasons for decision by Justice McEwen
April 23, 2019
 
Endorsement of Justice McEwen regarding Supreme Court of Canada appeal issue

 Endorsement of Justice McEwen - handwritten version
 Endorsement of Justice McEwen - unofficial typed version
April 17, 2019
 
 Court Order from Justice McEwen regarding Insurance Settlements April 05, 2019
 
Stay Extension Order and Amended and Restated Initial Order made by Justice McEwen at the hearing of the Comeback Motion on April 5, 2019

 Stay Extension Order
 Amended and Restated Initial Order
April 05, 2019
 
 Second Endorsement of Justice McEwen March 15, 2019
 
 Endorsement of Justice McEwen March 12, 2019
 
The Initial Order provides certain relief, inter alia, a stay of proceedings against Imperial Tobacco Canada Limited and Imperial Tobacco Company Limited (together, the "Applicants") until and including April 11, 2019.

 Initial Order
March 12, 2019
 

Contact FTI

FTI Consulting
TD South Tower
79 Wellington Street West
Suite 2010, P.O. Box 104
Toronto, Ontario M5K 1G8

Useful Links

FTI Consulting
Office of the Superintendent of Bankruptcy Canada