|
Home Status Updates Motion Materials Court Orders Reports Other Documents & Notices Service List |
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. | |
| 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. | |
| 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 |
|
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 |
|
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 |
|
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 |
|
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. | |
|
Contact FTI FTI Consulting Useful Links FTI ConsultingOffice of the Superintendent of Bankruptcy Canada |