http://CFCanada.fticonsulting.com
Home / Accueil

Status Updates / Mises à jour

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

Motion Materials / Requêtes

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 - Motion Materials

The following motion materials have been filed in the proceedings:


 Motion Record of the Monitor (Approval of Sale - Newmarket Full Line)
 Motion Record of the Monitor (Liberty Termination)
November 14, 2018
 

 Motion Record of the Monitor (TUV Approval)
 Notice of Motion re Litigation Trustee
 Litigation Trustee Appointment Order
 Litigation Investigator's First Report
November 05, 2018
 

 Factum re Spousal Waivers
 Book of Authorities re Spousal Waivers
October 26, 2018
 

 Endorsement of Hainey J re adjournment of Pension Deemed Trust Motions etc
October 22, 2018
 

 Motion Record of Employee Representative Counsel (re: Receivership Order ret. October 16, 2018) dated October 12, 2018
October 12, 2018
 

 Joint Factum of the Pension Plan Administrator, The Supreintendent of Financial Services and Representative Counsel to the Retirees (Deemed Trust Motion ret. Nov. 1-5, 2018) dated October 10, 2018
October 10, 2018
 

 Joint Book of Authorities of Gap (Canada) Inc., Old Navy (Canada) Inc. and The Children's Place (Co-Tenancy Lift Stay ret. Oct. 16, 2018) dated October 5, 2018
 Factum of The Children's Place (Canada), LP (Co-Tenancy Lift Stay ret. Oct. 16, 2018) dated October 5, 2018
 Factum of Gap (Canada) Inc. and Old Navy (Canada) Inc. (Co-Tenancy Lift Stay ret. Oct. 16, 2018) dated October 5, 2018
 Endorsement of Hainey J (Co-Tenancy Lift Stay Motions) - dated October 25, 2018
October 5, 2018
 

 Employee Representative Counsel's Notice of Constitutional Question (ret. Nov. 1-5, 2018) dated October 4, 2018
October 4, 2018
 


 Book of Authorities of Oxford Properties Group (Motion to Appoint Arbitrator) Sept 20, 2018
 Notice of Motion of Oxford Properties Group re Sealing Order returnable Sept 20, 2018
 FRP Factum of Oxford Properties Group (Motion to Appoint Arbitrator) Sept 19, 2018
September 19, 2018
 

 Affidavit of R. Feeney sworn September 19, 2018 (Deemed Trust Motion ret. Nov. 1-5, 2018)
September 19, 2018
 

 Responding Motion Record re Motion to file Bankruptcy Application against Sears and Supplementary Motion Record re Deemed Trust and distribution to the pension plan (ret. November 1-5, 2018)
September 19, 2018
 
Joint Book of Authorities and Factum of the Applicants and the Monitor re Appointment of the Honorable Justice James Farley as Arbitrator and other Ancillary Relief - Upper Canada Mail, returnable September 20, 2018

 Joint Book of Authorities
 Joint Factum
September 18, 2018
 

 Amended Notice of Motion of the Moving Landlords (re: Vary Claims Procedure Order), returnable on September 20th, 2018
September 18, 2018
 

 Motion Record of the Monitor re: Fourth Construction Lien Claims Order, returnable September 20 2018
September 18, 2018
 

 Motion Record (Motion for Stay), returnable October 18, 2018
September 14, 2018
 

 Motion Record (Directors' Motion re: Fees Motion to Strike), returnable October 18, 2018
September 14, 2018
 

 Motion Record of the Monitor re Third Fee Approval and Nord Extension Order (Returnable September 20 2018
September 13, 2018
 

 Motion Record of Oxford Properties Group (Appointment of Arbitrator ret. Sept 20, 2018)
September 12, 2018
 

 Motion Record of the Applicants and Monitor (Appointment of Arbitrator, etc. ret. Sept. 20, 2018)
September 10, 2018
 

 Motion Record of Gap and Old Navy (Lifting Co-Tenancy Stay ret. Oct. 16, 2018) dated September 7, 2018
September 7, 2018
 

 Motion Record of Employee Representative Counsel (Temp. Lift Stay ret. Nov. 1, 2018) dated September 7, 2018
 Responding Motion Record of Employee Representative Counsel (Deemed Trust ret. Nov. 1, 2018) dated September 7, 2018
September 7, 2018
 

 Motion Record of the Landlords (re: Vary Claims Procedure Order, etc. ret. Sept. 20, 2018) dated September 6, 2018
September 6, 2018
 

 Motion Record of The Children's Place (Lift Stay) ret. October 16, 2018 dated September 6, 2018
September 6, 2018
 

 Application Record dated September 5, 2018
September 5, 2018
 

 Notice of Application re: Former D&O Indemnity, issued Sept. 4, 2018
September 04, 2018
 

 Motion Record of the Applicants re Motion for Approval of Agreement of Purchase and Sale with Groupe Mach Inc. (Belleville Distribution Centre)
August 29, 2018
 
Motion Record of the Pension Plan Administrator and the Superintendent of Financial Services in his capacity as Administrator of the Pension Benefits Guarantee Fund re Pension Plan Deemed Trust

 Part 1 - Motion Record (Pension Plan Deemed Trust)
 Part 2 - Motion Record (Pension Plan Deemed Trust)
 Part 3 - Motion Record (Pension Plan Deemed Trust)
August 24, 2018
 

 Motion Record of the Pension Plan Administrator for Advice and Directions re Spousal Waivers
August 24, 2018
 

 Updated Motion Record of Certain Former Directors and Officers of Sears Canada Inc.
August 10, 2018
 
Motion Record of Certain Former Directors and Officers of Sears Canada Inc

 Part 1 of 3
 Part 2 of 3
 Part 3 of 3
August 10, 2018
 

 Motion Record of the Applicants re Motion for Approval of Agreement of Purchase and Sale with Pan American Properties Inc. (Charlottetown, PEI) returnable August 20, 2018
August 08, 2018
 

 Motion Record of the Applicants re Motion for Approval of Agreement of Purchase and Sale with HOOPP Realty Inc. (Store #1017 - Windsor) returnable August 20, 2018
August 08, 2018
 

 Motion Record of the Applicants re ( Motion for Approval of Agreement of Purchase and Sale with Lansdowne Mall Inc. (Store #1020 - Peterborough) returnable August 20, 2018
August 08, 2018
 

 Responding Motion Record re Motion to remove Board of Directors returnable August 27, 2018
July 23, 2018
 

 Notice of Motion re Pension Plan Deemed Trust
July 23, 2018
 

 Motion Record re (Motion by Retirees re: Deemed Trust and distribution to the pension plan)
July 20, 2018
 

 Motion Record of the Monitor re Third Construction Lien Claims Order, returnable July 24th 2018.
July 20, 2018
 

 Amended Notice of Motion (Notice re Removal of Board of Directors, returnable August 27, 2018)
 Affidavit of Erin Epp sworn on July 13, 2018
July 13, 2018
 

 Motion Record of the Monitor re Second Construction Lien Claims Order, returnable July 4, 2018.
June 29, 2018
 

 Notice of Motion on behalf of Employee Rep Counsel.
June 29, 2018
 

 Motion Record of the Applicants re Motion for Approval of Agreement of Purchase and Sale with I.G. Investment Management Ltd.; as trustee for Investors Real Property Fund and 10378348 Canada Inc. (Store #1085 - Les Galeries Chagnon) returnable June 19, 2018
June 13, 2018
 

 Motion Record of the Monitor re Construction Lien Claims Order (returnable June 15, 2018)
June 12, 2018
 

 Motion Record of the Applicants re Motion for Approval of Agreement of Purchase and Sale with Cominar (returnable June 15, 2018)
June 08, 2018
 

 MOTION RECORD OF THE APPLICANTS (Motion for Approval of Agreement of Purchase and Sale with Groupe Mach Inc. (Store #1012 - Place Fleur de Lys)) (returnable June 4, 2018)
June 04, 2018
 

 Factum of the Applicants re Approval of Remaining Owned Real Estate Transactions, returnable June 5 2018
 Book of Authorities of the Applicants re Approval of Remaining Owned Real Estate Transactions, returnable June 5 2018.
June 01, 2018
 

 Motion Record of the Plaintiff in Civil Action CV-14-501041 (Returnable Wednesday, July 18 2018)
 Factum of the moving party (Returnable Wednesday July 18 2018)
 Exhibits
May 29, 2018
 

 Motion Record of the Applicants - (Motion for Approval of Agreement of Purchase and Sale with LaSalle Acquisitions Corp. (Store #1084 - Place Vertu) returnable June 5, 2018).
May 28, 2018
 

 Motion Record of the Applicants re Stay Extension and Approval of Mediation Process (returnable May 9, 2018)
May 02, 2018
 

 Motion Record of Rep Counsel re Amendments to Litigation Investigator Order issued on March 2, 2018, returnable on April 18, 2018.
April 17, 2018
 

 Interim Stay Extension and Second Fee Approval Order
April 17, 2018
 

 Motion Record of the Monitor - Interim Stay Extension and Second Fee Approval Order
April 11, 2018
 

 Cross-Motion Record re: DGA Discovery Plan Motion (returnable April 13, 2018)
March 28, 2018
 

 Cross-Motion Record of Consumer Intelligence Group re: DGA Discovery Plan Motion (returnable April 13, 2018)
March 28, 2018
 

 Motion Record of the monitor re Pre-Filing Tax Payments, returnable March 19, 2018
March 12, 2018
 
Responding Motion Materials of the ESL Entities (re: Litigation Trustee Order), returnable March 2, 2018

 Volume I of II
 Volume II of II
 Brief of Authorities of ESL Entities for March 2, 2018 motion
 Signed Factum of ESL Entities, motion returnable March 2 2018
March 01, 2018
 

 Factum of the Respondents Sears Holding Corporation and Sears, Roebuck and Co. (re: Litigation Trustee Order), returnable March 2 2018).
March 01, 2018
 

 Reply Factum of Rep Counsel re Litigation Trustee
 Reply Book of Authorities of Rep Counsel re LItigation Trustee
March 01, 2018
 

 Motion Record of the Monitor re: Intercompany Claim Report Extension (returnable March 2 2018)
March 01, 2018
 

 Notice of Motion re Intercompany Claims Report Extension (returnable March 2, 2018)
February 28, 2018
 

 Motion Record re: DGA Discovery Plan (returnable March 2, 2018)
February 22 2018
 

 Responding Motion Record of Employee Representative Counsel re: Employee and Retiree Claims Process, returnable February 22, 2018
February 21, 2018
 

 Responding Motion Record of Retirees Representative Counsel re: Employee and Retiree Claims Process, returnable February 22, 2018
February 21, 2018
 

 Motion Record of the Applicants (Employee Claims Process and Retiree Claims Process) returnable February 22, 2018
February 16, 2018
 

 Supplementary Motion Record of Representative Counsel (for an order appointing Hon. Frank Newbould as Litigation Trustee, returnable February 15, 2018)
 Factum of Representative Counsel (for an order appointing Hon. Frank Newbould as Litigation Trustee, returnable February 15, 2018)
 Book of Authorities of Representative Counsel (for an order appointing a Litigation Trustee, returnable February 15, 2018)
February 14, 2018
 

 Joint Factum of Morneau Shepell Ltd., in its capacity as Administrator for the Sears Canada Inc. Registered Retirement Plan and the Superintendent of Financial Services as Administrator of the Pension Benefits Guarantee Fund with respect to the motion returnable February 15, 2018
February 13, 2018
 

 Motion Record requesting an Order for the appointment of a Litigation Trustee for the benefit of the estate of the Sears Canada Entities, returnable February 15, 2018
 Affidavit of William Turner (Sworn on February 12th 2018)
 Affidavit of Leanne M. Williams (Sworn February 14th 2018)
 Table of Contents
February 9, 2018
 
 Responding Motion Record of the Applicants responding to the Alaris Income Growth Fund Partnership's Motion for a Declaration of Trust, returnable February 15, 2018 January 22, 2018
 
Motion Materials of 1291079 Ontario Limited re: Hometown Dealer Representative Counsel, returnable January 22, 2018

 Notice of Motion of the Moving Party, returnable January 22, 2018
 Factum of the Moving Party, motion returnable January 22, 2018
 Brief of Authorities of the Moving Party, motion returnable January 22, 2018
January 17, 2018
 
 Letter from BGA Avocats requesting to postpone the Motion Record from the Monitor January 17, 2018
 
 Book of Authorities of the Monitor re Motion for a Restraining Order returnable January 22, 2018 January 16, 2018
 
 Factum of the Monitor re Motion for a Restraining Order returnable January 22, 2018 January 16, 2018
 
 Book of Authorities of the Applicants re (Remington Motion Returnable January 22nd 2018) January 16, 2018
 
 Responding Factum of the Applicants re (Remington Motion Returnable January 22nd 2018) January 16, 2018
 
 Motion Record of the Applicants re (Stay Extension, Appointment of Claims Officer, Approval of Fees, and Amendment of Style of Cause, returnable January 22, 2018) January 15, 2018
 
 Motion Record of the Monitor re Motion for a Restraining Order returnable January 22nd, 2018 January 10, 2018
 
 Applicants' Supplementary Motion Record Motion Record of Alaris Income Growth Fund Partnership, returnable February 15, 2018 December 20, 2017
 

 Motion Record of the Respondent Remington Properties Inc.
 Responding Motion Record of the Applicants, Remington Motion returnable January 22, 2018
 Motion Record of the Applicants (Motion for Approval of Approval of Asset Purchase Agreement with Buyers Group of Mississauga Inc. and DirectBuy Home Improvement Inc. returnable December 21, 2017)
December 19, 2017
 
 Applicants' Supplementary Motion Record (Motion for Approval of Asset Purchase Agreement) returnable December 8, 2017 December 08, 2017
 
 Motion Record of the Applicants re Claims Process and Residual Asset Sales Motion, returnable December 8, 2017. December 01, 2017
 

 BOOK OF AUTHORITIES OF THE APPLICANTS re Motion to Assign Contracts - SLH and Corbeil, Returnable November 21, 2017
 FACTUM OF THE APPLICANTS re Motion to Assign Contracts - SLH and Corbeil, Returnable November 21, 2017
November 17, 2017
 
 Motion Record of the Applicants - Motion to Assign Agreements in Respect of Corbeil Transaction returnable November 21, 2107. November 13, 2017
 
Motion for an Assignment Order and Approval and Vesting Order relating to the Asset Purchase Agreement between S.L.H. Transport Inc. / Transports S.L.H. Inc. and 8507597 Canada Inc. returnable November 21, 2017.

 Part One
 Part Two
November 13, 2017
 
 Motion Record of Rep Counsel appointing the Retiree Committee for the RCA Trust, returnable November 7, 2017 November 03, 2017
 
 Motion Record of the Applicants for Approval of Purchase and Sale with Oxford Properties Holdings II Inc. and CPPIB Upper Canada Mall Inc. returnable October 27, 2017 October 23, 2017
 
 Motion Record of Middleby October 12, 2017
 
 MOTION RECORD OF THE APPLICANTS (Approval of the Ninth Amendment to the DIP Term Credit Agreement and Stay Extension, Returnable October 13, 2017) October 11, 2017
 
 Motion Record of the Applicants re motion for Approval of Lease Surrender Agreement with Promenade Limited Partnership, Promenade Mall Store (Store #1097) returnable October 13, 2017. October 10, 2017
 
 Motion Record of the Applicants re: Approval of Phase II Liquidation returnable October 13th, 2017 October 10, 2017
 
 Affidavit of Marie Pachero sworn October 3, 2017 re: Corbeil & SLH Transport Approval & Vesting Order motion returnable October 4, 2017 October 03, 2017
 
 Book of Authorities of the Applicants for Motions Returnable October 4, 2017 October 03, 2017
 
 Factum of the Applicants for the Motions for Approval of Lease and Real Property Transaction Agreements, returnable October 4, 2017 October 02, 2017
 
Motion Materials in connection with the Applicants' motions returnable October 4, 2017

 Motion Record of the Applicants for Stay Extension
 Motion Record of the Applicants for Approval of Asset Purchase Agreement with S.L.H. Transport Inc. / Transports S.L.H. Inc.
 Motion Record of the Applicants for Approval of Asset Purchase Agreement with Confort Expert Inc. - the Home Improvements Business
 Motion Record of the Applicants for Approval of Lease Surrender Agreement with Scarborough Town Centre Holdings Inc. - Scarborough Town Centre Store (Store #1308)
 Motion Record of the Applicants for Approval of Lease Termination Agreement with RioCan Holdings (Oakville Place) Inc. - Oakville Place Mall (Store #1321)
 Motion Record of the Applicants for Approval of Lease Surrender Agreement with Shape Properties (Nanaimo) Corp., NNTC Equities Inc. and 1854 Holdings Ltd. - Nanaimo North Town Centre, Nanaimo (Store #1823)
 Motion Record of the Applicants for Approval of Lease Surrender Agreement with CF / Realty Holdings Inc. and Ontrea Inc. - Lime Ridge Mall (Store #1093) and Polo Park (Store #1112)
 Motion Record of the Applicants for Approval of Lease Surrender Agreement with Orchard Park Shopping Centre Holdings Inc. - Kelowna Full Line (Store #1827) and Kelowna Home Store (Store #1376)
 Motion Record of the Applicants for Approval of Lease Surrender Agreement with Fairmall Leaseholds Inc. and Fairview Pointe-Claire Leaseholds Inc. - CF Fairview Pointe-Claire and CF Fairview Mall (Stores #1305 and #1322)
 Motion Record of the Applicants for Approval of Lease Transfer Agreement with Indigo Books & Music Inc. - Calgary Distribution Centre
 Motion Record of the Applicants for Approval of Lease Surrender Agreement with Shape Brentwood Limited Partnership, Brentwood Towncentre Limited Partnership and 0862223 B.C. Ltd. - Brentwood Mall Burnaby (Store #1836)
 Motion Record of the Applicants for Approval of Lease Amending Agreement with Crombie Developments Limited Avalon Mall - St. John's (Store #1639)
 Motion Record of the Applicants for approval of the Further Amended Agreement of Purchase and Sale with 1562903 Ontario Limited - Garden City Mall Winnipeg (Store #1424)
 Motion Record of the Applicants for Approval of Asset Purchase Agreement with Canadian Tire Corporation
 Motion for Approval of Asset Purchase Agreement with Am-Cam Electroménagers Inc. and Distinctive Appliances Inc. in respect of Corbeil Assets
September 29, 2017
 
Notice of Motion of the Moving Parties/Creditors, request to Lift the Stay of Proceedings

 Notice of Motion
August 17, 2017
 
Motion Materials regarding Employee Hardship Fund, returnable August 18, 2017

 Motion Record of Retiree Representative Counsel
 Book of Authorities of Retiree Representative Counsel
August 15, 2017
 
Motion Record

 Notice of Motion for the Wind-Up of the Sears Canada Pension Plan returnable August 18th, 2017
August 11, 2017
 
Motion Materials of the Applicants re Garden City Property, returnable August 18, 2017

 Motion Record of the Applicants
 Factum of the Applicants
 Book of Authorities of the Applicants
August 11, 2017
 
Supplemental Motion Record of the Applicants (re: Liquidation Sale Approval) returnable July 18, 2017

 Supplemental Motion Record
July 17, 2017
 
Motion Materials of the Respondent Oxford Property Group re approval of SISP and Related Relief, returnable July 13, 2017

 Motion Record of Oxford Property Group
 Factum of Oxford Property Group
 Book of Authorities of Oxford Property Group
July 12, 2017
 
Responding Motion Record of HG International re: Approval of SISP, returnable July 13, 2017

 Motion Record
July 12, 2017
 
Motion Materials of Employee Representative Counsel re: Health Benefits Coverage, returnable July 13, 2017

 Motion Record of Employee Representative Counsel
 Factum of Employee Representative Counsel
 Book of Authorities of Employee Representative Counsel
July 12, 2017
 
Motion Record of the Majority Shareholders re: Access to Records, returnable July 13, 2017

 Motion Record
July 12, 2017
 
Motion Record of the Applicants seeking approval for the Sale Liquidation Process, returnable July 13, 2017.

 Motion Record
July 12, 2017
 
 Book of Authorities of the Applicants July 07, 2017
 
 Factum of the Applicants July 07, 2017
 
Motion Materials of the Moving Party/Creditor Barry Patrick Kenny, (Request to Lift the Stay of Proceedings)

 Motion Record - Volume 1
 Motion Record - Volume 2
 Motion Record - Volume 3
 Factum of the Moving Party/Creditor Barry Patrick Kenny, (Request to lift the Stay of Proceedings)
 Book of Authorities of the Moving Party/Creditor Barry Patrick Kenny, (Request to Lift the Stay of Proceedings)
July 06, 2017
 
Motion Record of the Applicants re Stay Extension, Suspension of Special Payments and other Post-Retirement Benefits, Approval of SISP, Amended and Restated Initial Order returnable July 13, 2017.

 Motion Record of the Applicants
July 05, 2017
 
Application Materials

 Application Record Volume 1
 Application Record Volume 2
 Application Record Volume 3
 Factum of the Applicants
 Book of Authorities
June 22, 2017
 

Contact FTI

FTI Consulting
TD Waterhouse 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