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Shaw-Almex Industries Limited - Motion Materials
The following motion materials have been filed in the proceedings:
 Motion Record of the Applicants |
July 14, 2025 |
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This motion is for: a) an approval and vesting order (the "AVO") that, among other things approves the Asset Purchase Agreement dated as of July 10, 2025 (the "Asset Purchase Agreement") between, the Applicants, as vendors, and, Almex Canada, Limited (the "Purchaser"), as purchaser; and b) an Ancillary Order that, among other things extends the Stay of Proceedings up to and including September 5, 2025, and increases the quantum of the DIP Lender's Charge. | |
| 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. | |
| Motion Record of the Applicants |
June 24, 2025 |
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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. | |
| Aide Mémoire – Brief of Law |
June 19, 2025 |
| The second Aide Mémoire from the Monitor is to support the motion regarding contempt of court. | |
| Authorities of the Monitor |
June 19, 2025 |
| All authorities from Canadian Western Bank v Canadian Motor Freight Ltd et al | |
| Notice of Motion - Determination of Share Purchase Agreement |
June 18, 2025 |
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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. | |
| 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. | |
| Aide Mémoire of the Monitor |
June 18, 2025 |
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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. | |
| 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 | |
| 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 | |
| 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. | |
| Motion Record of the Monitor |
May 27, 2025 |
| This motion is for a Property Preservation Order. | |
| Motion Record of the Applicants |
May 27, 2025 |
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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. | |
| 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. | |
| 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. | |
| 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. | |
| Motion Record of the Applicants |
May 8, 2025 |
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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. | |
| 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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