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Kew Media Group Inc. & Kew Media International (Canada) Inc. - Motion Materials
The following motion materials have been filed in the proceedings:
 Factum of the Respondents (Motion Returnable May 25, 2023) |
May 24, 2023 |
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This factum of the respondents, Kew Media Group Inc. and Kew Medial International (Canada) Inc. (together, "Kew"), is filed in connection with the motion returnable May 25, 2023 for an Order approving the Consent to Defence to Class Action (the "Consent") proposed to be executed by FTI Consulting Canada Inc. (the "Receiver") in its capacity as the Court-appointed receiver of Kew's undertaking, property and assets and, authorizing Mr. Silver to direct Kew's defence of the shareholder class action commenced against Kew and some of its former directors and officers (the "Class Action") and to represent Kew in any other related litigation, all on the terms of the proposed order.
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| Factum of the Receiver (Motion Returnable May 25, 2023) |
May 19, 2023 |
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This factum is filed by the Receiver in connection with the motion returnable May 25, 2023.
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| Motion Record (Motion Returnable May 25, 2023) |
May 19, 2023 |
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This Motion Record of the Receiver is filed in connection with the motion returnable May 25, 2023 for an Order: a) Authorizing Steven Silver to, on behalf of KMG: b) Confirming that, subject to further Order of the Court, Mr. Sivler will not have any personal liability for any obligations of KMG simply by accepting and exercising the authorithy given to him in paragraph 2 above and by the Appointment; c) Directing that Mr. Silver shall not be entitled to any payment or other compensation for accepting, exercising or undertaking the foregoing role and activities; d) Declaring that: e) Such further and other ancillary relief as counsel may advise, and the Court may permit. | |
| Motion Record (Returnable May 25, 2023) (Receiver's Discharge) |
May 8, 2023 |
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The Receiver will make a motion to a Judge presiding over the Ontario Superior Court of Justice (Commercial List) on May 25, 2023 at 10:00 a.m. (EST), for: (a) an Order (the "Fee Approval and Discharge Order"): (i) discharging the Receiver and terminating the within proceedings with effect upon the filing of the Receivership Termination Certificate (as defined in the Fifth Report of the Receiver dated May 5, 2023, filed herewith (the "Fifth Report"); (ii) releasing the Receiver from any and all liability that FTI now has or may hereafter have by reason of, or in any way arising out of, the acts or omissions of FTI while acting as Receiver, save and except for any grossnegligence or wilful misconduct on the Receiver's part; (iii) approving the actions, conduct and activities of the Receiver as described in the Receiver’s Fourth Report dated September 29, 2021, and the Fifth Report; (iv) approving the fees and disbursements of the Receiver for the period November 1, 2020, to April 14, 2023, inclusive, all as set out in the affidavit of Nigel Meakin sworn May 5, 2023 (the "Meakin Affidavit"); (v) approving the fees and disbursements of the Receiver's legal counsel, Torys LLP ("Torys"), for the period November 1, 2020, to April 14, 2023, inclusive, all as set out in the affidavit of Mike Noel sworn May 5, 2023 (the "Noel Affidavit"); (vi) approving the fees and disbursements of the Receiver's legal counsel, Lax O'Sullivan Lisus Gottlieb LLP ("LOLG"), for the period December 31, 2020, to March 31, 2023, inclusive, all as set out in the affidavit of Rahool Agarwal sworn May 2, 2023 (the "Agarwal Affidavit"); and (vii) approving an amount of up to $80,000 to cover the further fees and disbursements of the Receiver, Torys and LOLG expected to be incurred prior to the filing of the Receivership Termination Certificate (the "Subsequent Fees and Disbursements"), and the payment of such expenses without further approval of this Court; and (viii) approving the completion by the Receiver of the activities remaining to becompleted in the within proceedings, as more particularly set out in the Fifth Report, including, without limitation: (i) deliver to Goodmans LLP, legal counsel to the Debtors, the Transferred Records (as defined in the Fifth Report); and (ii) subject to any applicable law, destroy any copies of the Debtor Non-Tax Records (as defined in the Fifth Report) that are not Transferred Records; and (b) such further and other relief as to this Court may deem just. | |
| Motion Record of the Plaintiff (Motion for an Order Directing the Receiver to: (1) Attend a Judicial Mediation Aimed at Preserving Insurance Coverages; and (2) Cause Kew Media Group Inc. to Defend and Contest the Class Action), returnable on a date to be fixed |
April 25, 2022 |
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This motion record of the Plaintiff is for an Order: a) Directing the Receiver, the Insurers and the Plaintiffs to attend a judicial mediation before a Commercial List judge, to be scheduled within 30 days, aimed at reaching an agreement regarding steps to be taken by the Receiver to preserve all insurance coverages potentially available to KMG to respond to the Class Action; and b) Failing an agreement being reached, directing the Receiver to defend and contest the Class Action on behalf of KMG, including delivering a Statement of Defence within 30 days; and c) Such further and other relief as this Honourable Court deems just. | |
| Plaintiff's Motion Record, re: Lift stay and related matters (Returnable October 7, 2021) |
October 5, 2021 |
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This motion record of the Plaintiff is for an Order: a) Permanently lifting the stay of proceedings imposed by the receivership order dated February 28, 2020 against Kew Media Group Inc. for the limited purpose of allowing the Class Action to proceed against Kew Media Group Inc.; b) Directing the Receiver to facilitate the retainer of counsel to act for Kew Media Group Inc. in defence of the Class Action within 30 days; and c) Such further and other relief as the Court deems just. | |
| Factum of the Moving Parties |
October 5, 2021 |
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This factum is filed by the moving parties in connection with the motion returnable October 7, 2021.
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| Draft lift stay order (class action) |
October 5, 2021 |
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This draft lift stay order is filed by the moving parties in connection with the motion returnable October 7, 2021.
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| Timetable for compelled defence motion |
October 5, 2021 |
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This timetable for compelled defence motion is filed by the moving parties in connection with the motion returnable October 7, 2021.
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| Plaintiff's Motion Record, re: Lift stay and related matters for the securities class action against Kew Media Group Inc. (Motion returnable on a date to be fixed) |
August 5, 2021 |
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This motion record of the Plaintiff is for an Order: a) Permanently lifting the stay of proceedings imposed by the receivership order of Justice Koehnen dated February 28, 2020 against Kew Media Group Inc. for the limited purpose of allowing the Class Action to proceed against Kew Media Group Inc.; b) Directing the Receiver to facilitate the retainer of counsel to act for Kew Media Group Inc. in defence of the Class Action within 30 days; and c) Such further and other relief as the Court deems just. | |
| Factum (Extending Time for Service of the Statement of Claim and Removing Thornton Grout Finnigan as Class Counsel) |
January 15, 2021 |
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This Factum is in relation to the motion and related relief being sought scheduled to be heard January 18, 2021. | |
| Book of Authorities of Alex Kan and Stuart Rath |
January 15, 2021 |
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This Book of Authorities is in relation to the motion and related relief being sought scheduled to be heard January 18, 2021. | |
| Motion Record (Extending Time for Service of Statement of Claim and other relief), returnable January 18, 2021 |
January 15, 2021 |
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This motion is for an Order: i) extending the time for service of the Statement of Claim in the Class Action on Kew Media for a further 120 days to July 13, 2021; ii) revoking the appointment of Thornton Grout Finnigan LLP as Class Counsel pursuant to paragraph 10 of the Lift Stay Order; and, iii) such further and other relief as the Court may deem just. | |
| Factum of the Receiver (Motion for Distribution and Fee Approval, returnable December 8, 2020) |
December 7, 2020 |
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This factum is filed by the Receiver in connection with its motion returnable December 8, 2020 seeking the TCB Distribution Order and the First Fee Approval Order (both Orders as defined in the motion record and factum). | |
| Motion Record of the Receiver, re: Motion for Distribution and Fee Approval returnable December 8, 2020 |
November 23, 2020 |
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This motion record of the Receiver is for an Order: a) Approving the distribution by the Receiver of the net proceeds of the sale of certain shares of TCB Media Rights Ltd. as previously approved by the Court, subject to certain reserves; b) Approving the activities of the Receiver, and the fees and disbursements of the Receiver and its legal counsel for the periods noted. | |
| Supplemental Motion for Order Lifting the Stay of Proceedings and Carriage of the Shareholder Class Proceeding on Behalf of Kew Media Shareholders (Motion Returnable: July 14, 2020) |
July 14, 2020 |
| Motion for Order Lifting the Stay of Proceedings and Carriage of the Shareholder Class Proceeding on Behalf of Kew Media Shareholders (Motion Returnable: July 14, 2020) |
July 14, 2020 |
| Draft Lift Stay Order |
July 13, 2020 |
| FACTUM OF ALEX KAN AND STUART RATH (Lift Stay and Carriage) (Motion Returnable: July 14, 2020) |
July 13, 2020 |
| BOOK OF AUTHORITIES OF ALEX KAN AND STUART RATH (Lift Stay and Carriage) (Motion Returnable: July 14, 2020) |
July 13, 2020 |
| Factum of the Receiver (returnable April 14, 2020) |
April 6, 2020 |
| Motion record for approval of sale of share capital of TCB Media Rights Limited and related approval and vesting order, and approval for distributions from sale proceeds, among other relief. Motion Record of the Receiver (returnable April 14, 2020) |
April 6, 2020 |
| Notice of Motion - Sale approval, re: TCB Media Rights Ltd (returnable April 14, 2020) |
April 3, 2020 |
| Application Record of the Applicant Volume 1 of 3 - Returnable Feb 28, 2020 Application Record of the Applicant Volume 2 of 3 - Returnable Feb 28, 2020 Application Record of the Applicant Volume 3 of 3 - Returnable Feb 28, 2020 |
February 28, 2020 |
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