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Shaw-Almex Industries Limited - Motion Materials
The following motion materials have been filed in the proceedings:
Factum of the Applicants |
June 25, 2025 |
This is a factum served in support of the Applicant's motion before the Honourable Justice J. Dietrich of the Ontario Superior Court of Justice (Commercial List) on June 27, 2025 at 11:00 a.m EST.
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Motion Record of the Applicants |
June 24, 2025 |
This motion is for a Second Stay Extension Order that, among other things:
a) Extends the Stay of Proceedings up to and including August 1, 2025;
b) Authorizes the Applicants to borrow up to a maximum principal amount of $3,646,500 under an amended DIP Facility; and
c) increases the quantum of the DIP Lender's Charge to the maximum amount of $3,646,500, plus fees and interest.
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Aide Mémoire – Brief of Law |
June 19, 2025 |
The second Aide Mémoire from the Monitor is to support the motion regarding contempt of court.
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Authorities of the Monitor |
June 19, 2025 |
All authorities from Canadian Western Bank v Canadian Motor Freight Ltd et al
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Notice of Motion - Determination of Share Purchase Agreement |
June 18, 2025 |
This motion is for an order that, among other things, a declaration that the transfer of the Shares of Shaw Almex Spain Real Holdings, S.L. from SAIL to Global Holdings pursuant to a share sale and purchase agreement dated December 31, 2021:
a) were transfers at undervalue for the purposes of section 96 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as incorporated into the CCAA by section 36.1 thereof; and
b) are void as against the Monitor.
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Notice of Motion - Contempt |
June 18, 2025 |
This motion is for an order that, among other things, declares that Mr. Timothy Shaw is in breach of the Property Preservation Order.
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Aide Mémoire of the Monitor |
June 18, 2025 |
FTI, in its capacity as monitor of the Applicants has requested a case conference to schedule two motions, regarding:
(a) Contempt of Court; and
(b) Share Purchase Agreement Determination.
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Revised Draft Property Preservation Order |
May 29, 2025 |
The draft Property Preservation Order to the Monitor's Motion Record has been revised and served as of May 29, 2025
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Factum of the Monitor |
May 29, 2025 |
This is a factum served in support of the Monitor's motion before the Honourable Justice J. Dietrich of the Ontario Superior Court of Justice (Commercial List) on May 30, 2025 at 10:00 a.m
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Factum of the Applicants |
May 28, 2025 |
This is a factum served in support of the Applicant's motion before the Honourable Justice J. Dietrich of the Ontario Superior Court of Justice (Commercial List) on May 30, 2025 at 10:00 a.m.
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Motion Record of the Monitor |
May 27, 2025 |
This motion is for a Property Preservation Order.
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Motion Record of the Applicants |
May 27, 2025 |
This motion is for an Order (the "Stay Extension Order") that, among other things:
a) extends the stay of proceedings up to and including July 18, 2025 (the "Extended Stay Period");
b) authorizes the Applicants to borrow up to a maximum principal amount of $2,626,500 under the amended DIP Facility; and
c) increases the quantum of the DIP Lender's Charge to the maximum amount of $2,626,500, plus fees and interest.
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Notice of Appearance |
May 22, 2025 |
The Attorney General of Canada on behalf of His Majesty the King in Right of Canada as represented by the Minister of National Revenue intends to respond to this application.
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Revised Draft Initial Order to the Applicants' Motion Record |
May 12, 2025 |
The draft Initial Order to the Applicants' Motion Record has been revised and served as of May 12, 2025.
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Revised Draft Discharge Order to the Applicants' Motion Record |
May 12, 2025 |
The draft Discharge Order to the Applicants' Motion Record has been revised and served as of May 12, 2025.
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Motion Record of the Applicants |
May 8, 2025 |
The Applicant will make a motion before the Honourable Justice J. Dietrich of the Ontario Superior Court of Justice (Commercial List) on May 13, 2025 at 10:00 AM for, inter alia:
(a) Approval of the Initial Order to the Applicants' Motion Record;
(b) A SISP Approval Order;
(c) Approval of the Discharge Order; and
(d) such further and other relief as this Honourable Court deems just.
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Factum of the Applicants |
May 8, 2025 |
This is a factum served in support of the Applicant's motion before the Honourable Justice J. Dietrich of the Ontario Superior Court of Justice (Commercial List) on May 13, 2025 at 10:00 AM.
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