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Court Orders / Ordonnances de la Cour

Employee and Retiree Claims Procedure / Procédure de réclamation de l'employé et de retraité.

General Claims Procedure / Procédure de Réclamation

Reports / Rapports

Estate 2013 Dividend Litigation / Litiges des Représentants des créanciers relatifs au Dividende de 2013

Motion Materials / Requêtes

Creditors' Meetings / Réunions de créanciers

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Other Documents & Notices / Autres documents et avis

Service List / Liste des parties intéressées et représentées

Employee Hardship Fund / Fonds pour les difficultés des employés

Hometown Dealer Matters / Questions concernant les revendeurs locaux

Residual Asset Sales / Ventes d'actifs résiduels

Warranties / Garanties

Pension Matters / Questions de Pension

Sale & Investment Solicitation Process ("SISP") / Processus de Sollicitation aux fins de vente et d'investissement (le "processus")

Frequently Asked Question's / Questions fréquentes

Sears Canada Group - Court Orders

The following Court Orders have been granted in the proceedings:


 Notice of Final Distribution
 l'Avis de la Distribution finale
January 7, 2021
 
Order of the Court approving (i) termination of the RCA Trust and distribution of funds to eligible beneficiaries, (ii) Representative Counsel and the Retiree Committee to reply and act upon the advice of Segal RogersCasey related to the investment and liquidation of the funds in the RCA Trust, and (iii) granting certain releases to past and present Retiree Committee members and CIBC Mellon.

 Order re RCA Trust
December 16, 2021
 
Order of the Honourable Justice McEwen allowing the Monitor to disclose information such as name, personal address, social insurance number and other information regarding retirees and former employees of the Applicants and SearsConnect who are represented by ERC and PRC (the "Non-Located Creditors") to Mintz Global Screening Inc. (the "Agent") as determined by the Monitor to be necessary solely to locate a current address for such Non-Located Creditors and to permit the Applicants to complete distributions to such Non-Located Creditors in accordance with the Joint Amended and Restated Plan of Compromise and Arrangement of the Applicants and SearsConnect, as approved in these proceedings on November 23, 2020 (the "Purpose").

 Order re Personal Information of Former Employees and Retirees
December 16, 2021
 
Order of the Honourable Justice McEwen approving (i) extension of the Stay Period until such date as the Monitor delivers the CCAA Termination Time; (ii) the termination of the CCAA proceedings and discharging the Monitor and the Receiver upon the filing of the CCAA Termination Certificate; (iii) approving the fees and disbursements of the Monitor and its counsel in connection with these proceedings; and (iv) granting releases to the Monitor, the Receiver and certain related parties.

 Order re CCAA Termination and Fee Approval
October 25, 2021
 
Order of the honourable Justice McEwen in connection with the Monitor's motion to extend the Stay of Proceedings until October 30, 2021 and to approve the fees of the Monitor and the Monitor's counsel for the period January 1, 2021 to May 31, 2021.

 Order re Stay Extension and Fee Approval
July 30, 2021
 
Orders of the Court (i) approving the fees and disbursements of the Litigation Trustee and its counsel in connection with the TUV Claim, and (ii) approving a discharge of the Litigation Trustee from his role, as set out in the Appointment Order of December 8, 2018.

 Discharge of Litigation Trustee and Fee Approval Orders
May 4, 2021
 
Orders of the Court (i) approving the fees and disbursements of the Monitor and its counsel in connection with the TUV Claim, and (ii) approving the return of the Additional Dividend Funds to the Sears Canada Inc. estate.

 Litigation Fee Approval and Additional Unclaimed Funds Orders
May 4, 2021
 
Orders of the Court (i) extending the Stay of Proceedings until July 31, 2021, (ii) approving the fees and disbursements of the Monitor and its counsel, and (iii) approving the return of the Dividend Funds to the Sears Canada Inc. estate.

 Endorsement of Honourable Justice Hainey
 Stay Extension, Fee Approval and Dividend Funds Orders
January 25, 2021
 
 Monitor's Certificate (Plan Implementation) December 14, 2020
 
Order of the Court sanctioning the Amended and Restated Joint Plan of Compromise and Arrangement

 Plan Sanction Order
November 23, 2020
 
Order of the Court that Co-Tenancy Stay is of no further force or effect as against Winners and allowing Winners to exercise its rights against the landlord under certain leases.

 Order re Winners Co-Tenancy Stay
November 23, 2020
 
 Amended & Restated Meetings Order October 27, 2020
 
Order and Endorsement of Justice Hainey approving the Agreement between Coface and Sears Canada in respect of Remaining LC Funds.

 Order Approving an Agreement between Coface and Sears Canada
 Endorsement of Justice Hainey
October 16, 2020
 
 Stay Extension Order September 29, 2020
 
Order of the Honourable Justice Hainey approving (i) the Settlement Agreement (as defined in the Order) between the Plaintiffs and the ESL Parties dated September 17, 2020, (ii) the release of the Released Claims, and (iii) and other requested relief.

 Approval Order of Justice Hainey re ESL Parties Settlement
September 18, 2020
 


 Approval Order of Justice Hainey re Directors Settlement
 Endorsement of Justice Hainey re Approval of Directors Settlement
August 26, 2020
 
Order of the Honourable Justice Hainey approving the Release and Settlement Agreement and releasing the Reserve Amount back to the Applicant's estate.

 Calgary North Hill Settlement Approval and Reserve Release Order
August 7, 2020
 
 Stay Extension Order March 31, 2020
 
 Issued and Entered Order re Environmental Reserve March 31, 2020
 


 Order of Justice McEwen re SHC Settlement
 Endorsement of Justice McEwen re SHC Settlement
March 17, 2020
 
Order and Endorsement of Honourable Justice Hainey re Motion to Lift Co-Tenancy Stay re FGL Sports Ltd.

 Order re Lifting Co-Tenancy Stay re FGL Sports Ltd
 Endorsement of Justice Hainey
February 20, 2020
 
 Approval and Vesting Order (Barrie) January 13, 2020
 


 Approval & Vesting Order re Barrie
 Endorsement of Hainey J re Barrie
January 13, 2020
 


 Order of Hainey J re Stay Extension
 Endorsement of Hainey J re Stay Extension Trustee Appointment Order
September 19, 2019
 
 Endorsement re Moving Landlords Settlement Agreement July 16, 2019
 
 Endorsement of Hainey J re Employee Surplus Funds June 13, 2019
 
 Transfer at Under Value Action Approval Order - Blackline re Sears Holdings June 9, 2019
 


 Amended and Restated Litigation Trustee Appointment Order
 Blackline of Amended and Restated Litigation Trustee Appointment Order
June 7, 2019
 


 Order of Hainey J re Cotenancy Stay
 Endorsement of Hainey J re Cotenancy Stay
May 7, 2019
 


 Fourth Fee Approval and Stay Extension Order
 Endorsement re Fourth Fee Approval and Stay Extension Order
April 24, 2019
 


 Endorsement re Employee Hardship Fund Order
 Order re Employee Hardship Fund Term Sheet Extension
April 24, 2019
 


 Order of Hainey J re D&O NORD Extension
 Endorsement of Hainey J
February 26, 2019
 


 Meetings Order
 Endorsement of Hainey J re Meetings Order
February 15, 2019
 
 Endorsement of Hainey J. - Amended RCA Trust Order January 15, 2019
 
 Amended RCA Trust Order January 15, 2019
 
 Executed Receivership Certificate January 3, 2019
 


 Amended and Restated Receivership Order
 Endorsement of Hainey J re Amended Receivership Order
December 18, 2018
 
 Transfer At Undervalue Proceeding Approval Order December 3, 2018
 
 Litigation Trustee Order December 3, 2018
 
 Governance Protocol and Stay Extension Order December 3, 2018
 
 Endorsement of Hainey J - Litigation Trustee Order and Governance Protocol Order December 3, 2018
 
 Costs Endorsement of Hainey J (Oxford - Appoint Arbitrator) November 2, 2018
 


 Endorsement of Hainey J - Fifth Construction Lien Claims
 Fifth Construction Lien Claims Order
November 19, 2018
 


 Endorsement of Hainey J - Approval of Liberty Termination Fee
 Termination Fee Order - Newmarket
November 19, 2018
 


 Endorsement of Hainey J - Approval of Sale of Newmarket Full Line
 Approval & Vesting Order - Newmarket
November 19, 2018
 


 Order dated November 1, 2018 (re Spousal Waivers)
 Endorsement dated November 1, 2018 (re Spousal Waivers)
November 01, 2018
 
 Receivership Order October 16, 2018
 
Morneau Shepell Ltd.'s Motion for Substituted Service (Advice and Directions re: Spousal Waiver)

 Substituted Service Order
 Endorsement of Justice Hainey re Substituted Service Order
October 10, 2018
 
 Endorsement of Justice Hainey J. re Newmarket Appraisal Motion October 04, 2018
 
 Revised Endorsement of Hainey J (Sept 20 Arbitrator Motion) September 20, 2018
 
Third Fee Approval & NORD Extension Order AND Endorsement of Hainey J re Third Fee Approval & NORD Extension Order

 Order of Hainey J ((3rd Fee Approval & NORD Extension)
 Endorsement of Justice Hainey (3rd Fee Approval & NORD Extension)
September 20, 2018
 
Fourth Construction Lien Claims Order AND Endorsement of Hainey J re Fourth Construction Lien Claims Order

 Order of Hainey J (4th Construction Lien Claim)
 Endorsement of Justice Hainey (4th Construction Lien Claims Order)
September 20, 2018
 
 Endorsement of Justice Hainey re Scheduling September 04, 2018
 
Approval and Vesting Order (Belleville DC)

 Order of Justice Hainey
 Endorsement of Justice Hainey
September 04, 2018
 
Approval and Vesting Orders (Motions returnable August 20, 2018)

 Endorsement of Justice Hainey
 Issued and Entered Approval and Vesting Order (Windsor - Devonshire Mall).
 Issued and Entered Approval and Vesting Order (Peterborough - Lansdowne Mall)
 Issued and Entered Approval and Vesting Order (Charlottetown)
August 20, 2018
 
3rd Construction Lien Claims Motion

 Order of Justice Hainey
 Endorsement of Justice Hainey re Third Construction Lien Claims Order
July 24, 2018
 
Stay Extension Motion (Extending Stay Period up to and including December 18, 2018)

 Order of Justice Hainey
 Endorsement of Justice Hainey re Stay Extenstion
July 24, 2018
 
2nd Construction Lien Claims Motion

 Order re Settled Construction Lien Claims
 Endorsement of Justice Hainey re Settled Construction Lien Claims
July 04, 2018
 
Approval and Vesting Order (Fleur de Lys)

 Order of Justice Hainey
 Endorsement of Justice Hainey
July 04, 2018
 
Approval and Vesting Order (Trois Revieres)

 Order of Justice Hainey
 Endorsement of Justice Hainey
June 15, 2018
 
First Construction Lien Claim Motion

 Order of Justice Hainey
 Endorsement of Justice Hainey
June 15, 2018
 
Approval and Vesting Order re Place Vertu

 Order of Justice Hainey
 Endorsement of Justice Hainey
June 05, 2018
 

 Endorsement of Justice Hainey re the appointment of the Litigation Investigator
May 09, 2018
 
Stay Extension and Approval of Mediation Process

 Order of Justice Hainey
 Endorsement of Justice Hainey
May 09, 2018
 
Amended Lititagtion Investigator Order

 Amended Litigation Investigator Order
 Endorsement of Justice Hainey
April 26, 2018
 
Order and Endorsement re Pre-Filing Tax Payments

 Order re Pre-Filing Tax Payments
 Endorsement of Justice Hainey re Pre-Filing Tax Payments
April 18, 2018
 
Order and Endorsement re Interim Stay Extension and Second Fee Approval Order

 Order re Interim Stay Extension and Second Fee Approval Order
 Endorsement of Justice Hainey re Stay Extension and Second Fee Approval Order
April 18, 2018
 
Cross-Motion of Consumer Intelligence Group re: DGA Discovery Plan Motion

 Order of Justice Hainey
 Endorsement of Justice Hainey
April 13, 2018
 
Intercompany Claims Report Extension Motion

 Order of Justice Hainey
 Endorsement of Justice Hainey
March 2, 2018
 

 Order appointing Lax O' Sullivan Lisus Gottlieb LLP as Litigation Investigator
March 02, 2018
 
Employee and Retiree Claims Procedure Order

 Endorsement of Justice Hainey
 Endorsement of Justice Hainey re: Amendment
 Order of Justice Hainey
February 22, 2018
 
Motion to Appoint Hometown Dealer Representative Counsel

 Order of Justice Hainey
 Endorsement of Justice Hainey
January 25, 2018
 

 Endorsement of Justice Hainey in relation to Remington Properties Inc.'s motion for an order for advice and direction heard January 22, 2018
January 24, 2018
 
Stay Extension, Appointment of Claims Officer, Approval of Fees, and Amendment to Style of Cause Motion

 Order of Justice Hainey
January 22, 2018
 
Approval and Vesting Order (Major Appliances Protection Agreement Business)

 Order of Justice Hainey
 Endorsement of Justice Hainey
December 21, 2017
 


 Claims Procedure Order
 Endorsement of Justice Hainey re Claims Process
December 8, 2017
 
Approval and Vesting Order re Viking Trade-Marks

 Order of Justice Hainey
 Endorsement of Justice Hainey
December 8, 2017
 
Omnibus Approval and Vesting Order (Residual Assets Sales)

 Order of Justice Hainey
December 8, 2017
 

 Endorsement #2 of Justice Hainey in relation to The Middleby Corporation's motion heard on November 7, 2017
November 27, 2017
 
Order Approving Assignment of Contracts (S.L.H. Transport Inc.)

 Order of Justice Hainey
 Endorsement of Justice Hainey
November 21, 2017
 
Order Approving Assignment of Contracts (Corbéil Electrique)

 Order of Justice Hainey
 Endorsement of Justice Hainey
November 21, 2017
 
 Endorsement of Justice Hainey re The Middleby's Corporation's motion heard on November 7, 2017 November 09, 2017
 
Motion re: RCA Trust Committee

 Order of Justice Hainey
 Endorsement of Justice Hainey
November 07, 2017
 
 Endorsement of Justice Hainey re Amendment to SISP October 27, 2017
 
 Endorsement of Justice Hainey re Approval and Vesting Order (Newmarket Home Store #1345) October 27, 2017
 
 Order re Approval of the Amended Key Employee Retention Plan October 18, 2017
 
Orders for Motions returnable October 13, 2017

 Approval of the Liquidation Agreement, Extension of Stay of Proceedings, and amendment to the DIP Term Credit Agreement
 Approval and Vesting Order - Promenade Mall Vaughan
 Liquidation Sale Approval Order II
 Order re Approval of Ninth DIP Amendment and Stay Extension up to and including January 22, 2018
October 13, 2017
 
 Endorsement of Justice Hainey for an Approval and Vesting Order with respect to an Asset Purchase Agreement for the Garden City Property heard August 22, 2017 October 06, 2017
 
Motion re: Approval of Stay Extension and Lease and Real Property Transaction

 Order re Stay Extension up to and including November 7, 2017
 Endorsement of Justice Hainey in connection with the Approval of the Stay Extension, and Lease and Real Property Transactions
October 04, 2017
 
Approval and Vesting Orders

 Approval and Vesting Order - Lease Surrender Agreement - CF Lime Ridge and CF Polo Park
 Approval and Vesting Order - Sears Home Improvements Business
 Order Approving Assignment of Contracts - Sears Home Improvements Business
 Approval and Vesting Order - S.L.H. Transport Inc.
 Approval and Vesting Order - Lease Surrender Agreement - CF Fairview Pointe-Claire and CF Fairview Mall
 Approval and Vesting Order - Corbeil Électrique Inc.
 Approval and Vesting Order - Garden City Mall Winnipeg
 Approval and Vesting Order - Lease Transfer Agreement and Certain Ancillary Assets - Calgary DC
 Approval and Vesting Order - Brentwood Mall Burnaby
 Approval and Vesting Order - Nanaimo North Town Centre, Nanaimo
 Approval and Vesting Order - Lease Amending Agreement - Avalon Mall, St. John's
 Approval and Vesting Order - Lease Surrender Agreement - Kelowna Home and Kelowna Full Line
 Approval and Discharge Order - Lease Termination Agreement - Oakville Place Mall
 Approval and Vesting Order - Lease Surrender Agreement - Scarborough Town Centre
October 04, 2017
 
 Endorsement of Justice Hainey in connection with the Motion for the Wind-Up of the Sears Canada Pension Plan. September 12, 2017
 
 Endorsement of Justice Hainey in connection with the Applicants' motion for an Approval and Vesting Order (Garden City) heard August 22nd August 23, 2017
 
Employee Hardship Fund Motion

 Employee Hardship Fund Order
 Endorsement 1 of Justice Hainey re: Employee Hardship Fund Order
 Endorsement 2 of Justice Hainey re: Employee Hardship Fund Order
August 18, 2017
 
Liquidation Sale Approval

 Liquidation Sale Approval Order
 Endorsement of Justice Conway
July 18, 2017
 
Orders for Motions heard July 13, 2017

 Amended and Restated Initial Order
 SISP Approval Order
July 13, 2017
 


 Order re Suspension of Special Payments,Supplemental Plan Payments and PRB Plan Payments, Approval of the Term Sheet and Stay Extension
 Pension Representative Counsel Order for Pensions and Post-Retirement Benefits
 Employee Representative Counsel Order
 Endorsement of Justice Hainey
July 13, 2017
 
 Endorsement of Justice Hainey (Handwritten) June 22, 2017
 
 Endorsement of Justice Hainey June 22, 2017
Koskie Minsky LLP shall be appointed as representative counsel for active employees and retirees with respect to pension matters and Ursel Phillips Fellows Hopkinson LLP shall be appointed as representative counsel for current and former employees whose rights are affected under the Initial Order.
 
 Initial Order June 22, 2017
The Initial Order provides certain relief, inter alia, a stay of proceedings against the Sears Canada Group until and including July 22, 2017.
 

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