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Fire & Flower - Motion Materials
The following Court Orders have been granted in the proceedings:
 Factum of the Applicant (Re: D&O Lift Stay, Fees Approval, and Stay Extension) |
November 20, 2024 |
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This factum is filed in support of the Applicant's motion for, among other things: a) terminating the Claims Process with respect to the adjudication of the D&O Claims; b) lifting the stay of proceedings to allow the Shareholder Claimants to bring an action against the former D&Os of Fire & Flower Holdings Corp. and Fire & Flower Inc.; c) approving the Monitor's activities and the fees of the Monitor and its counsel; and d) extending the Stay Period until and including March 31, 2025. | |
| Motion Record of the Applicant |
November 15, 2024 |
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On this motion, the Applicant is seeking the issuance of an order, among other things: a) terminating the Claims Process with respect to the adjudication of the D&O Claims; b) lifting the stay of proceedings to allow the Shareholder Claimants to bring an action against the former D&Os of Fire & Flower Holdings Corp. and Fire & Flower Inc.; c) approving the Monitor's activities and the fees of the Monitor and its counsel; and d) extending the Stay Period until and including March 31, 2025. | |
| Notice of Motion (returnable TBD) |
August 12, 2024 |
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The Motion is for: a) an order granting Mr. Bolivar's appeal of the Claims Officer's Decision in connection with Mr. Bolivar's Proof of Claim in this proceeding; b) an order granting Mr. Bolivar an amount equal to his entitlements to both the Severance Claim and Change of Control Claim (defined terms, below); c) an order of costs in favour of Mr. Bolivar; and d) such other and further relief as counsel may advise and this Honourable Court may permit. | |
| Factum of the Applicant (Re: Stay Extension and Approval of Monitor's Activities) |
July 10, 2024 |
| This factum is filed in support of Residual Co.'s motion for, among other things: (a) approval of the Monitor's Reports and the activities referred to therein; and (b) extending the Stay Period from July 15, 2024, until and including November 29, 2024. | |
| Motion Record of the Applicant (RE: Stay Extension and Approval of Monitor's Activities) (Returnable July 12, 2024) |
July 8, 2024 |
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On this motion, the Applicant seeks, among other things: a) approval of the Fifth Report of the Monitor dated January 23, 2024, the Sixth Report of the Monitor dated April 3, 2024, the Seventh Report of the Monitor, and the activities of the Monitor referred to therein; and b) an extension of the Stay Period until and including November 29, 2024. | |
| Responding Record of 15315441 Canada Inc. (Returnable May 6, 2024) |
April 30, 2024 |
| Affidavit of Avininder Grewal sworn on April 30, 2024 in response to FIKA's motion seeking a declaration that the Labour Claims are considered "Excluded Liabilities" under the Approval and Reverse Vesting Order. | |
| Motion Record (Returnable May 6, 2024) |
April 19, 2024 |
| Motion Record of 2759054 Ontario Inc. ("FIKA"), returnable May 6, 2024 at 10:30 a.m. | |
| Aide Memoire of 2759054 Ontario Inc. |
April 8, 2024 |
| Aide Memoire of 2759054 Ontario Inc. ("FIKA") regarding the scheduling of a motion for advice and directions regarding applications (the "Labour Claims") brought before the Saskatchewan Labour Relations Board (the "SLRB") by United Food and Commercial Works, Local No. 400 ("UFCW") | |
| Factum of the Applicant (Re: Stay Extension) |
April 7, 2024 |
| This factum is filed in support of Residual Co.'s motion for extending the Stay Period until and including July 15, 2024. | |
| Motion Record of the Applicant (RE: Stay Extension Order) (Returnable April 9, 2024) |
April 3, 2024 |
| On this motion, the Applicant seeks, among other things, an extension of the Stay Period until and including July 15, 2024. | |
| Factum of the Applicant (Re: Stay Extension and Fees Approval) |
January 25, 2024 |
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This factum is filed in support of Residual Co.'s motion for, among other things: a) approval of the Fifth Report of the Monitor and the activities of the Monitor referred to therein; b) approval of the fees of the Monitor and its counsel, TGF; c) authorizing the Monitor to accept the Late Claims received after the Claims Bar Date; and d) extending the Stay Period until and including April 15, 2024. | |
| Motion Record of the Applicant |
January 23, 2024 |
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On this motion, the Applicant seeks, among other things: a) approval of the Monitor's activities and the fees of the Monitor and its counsel; b) authorization for the Monitor to accept, revise or disallow Proofs of Claim received by the Monitor after the Claims Bar Date; and c) an extension of the Stay Period until and including April 15, 2024. | |
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Factum of the Applicant (RE: Stay Extension, Distribution, And Fees Approval) Draft Order (Stay Extension, Distribution, and Fees Approval) Redline - Draft Order (Stay Extension, Distribution, and Fees Approval) |
October 12, 2023 |
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This factum is filed in support of Residual Co.'s motion for, among other things: a) approval of the Fourth Report of the Monitor and the activities of the Monitor referred to therein; b) approval of the fees of the Monitor and its counsel, Thornton Grout Finnigan LLP ("TGF"); c) authorization for the Monitor to make distributions received in connection with the Transactions to Residual Co.'s secured creditor, ACT; and d) extending the Stay Period until and including January 30, 2024. | |
| Motion Record of the Applicant (Re: Extension of Stay, Distribution, and Approval of Fees)(Returnable October 13, 2023) |
October 6, 2023 |
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On this motion, the Applicant seeks, among other things: a) an extension of the Stay Period; b) approval of a distribution to the Applicant's secured creditor; and c) approval of the Monitor's and its counsel's fees. | |
| Factum of the Applicants (Re: Approval and Reverse Vesting Order and Extension of Stay of Proceedings) Supplementary Affidavit of Stephane Trudel (Sworn August 28, 2023) Draft Order (Approval and Reverse Vesting Order) Redline - Draft Order (Approval and Reverse Vesting Order) Draft Claims Procedure Order Redline - Draft Claims Procedure Order |
August 28, 2023 |
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This factum filed in support of the Applicants' motion for, among other things: a) approval of a going-concern sale transaction for the business of the Applicants, to be implemented through the proposed draft Approval and Reverse Vesting Order; and b) approval of the proposed claims process through the proposed Claims Procedure Order, pursuant to which claimants may file claims against the Applicants. | |
| Motion Record of the Applicants (Re: Approval and Reverse Vesting Order and Claims Procedure Order) (Returnable August 29, 2023) |
August 23, 2023 |
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Motion for the issuance of an order (the "Approval and Reverse Vesting Order") and an order approving the proposed claims process (the "Claims Process Order"), among other things: a) approving the subscription agreement dated as of August 17, 2023 between FFHC, as company, and 2759054 Ontario Inc. o/a FIKA Cannabis ("FIKA"), as purchaser (the "Subscription Agreement"); b) approving the amended and restated subscription agreement, to be entered into between FFHC, as company, and 2707031 Ontario Inc. ("ACT Investor"), as purchaser (the "Back-Up Subscription Agreement"); c) granting releases; d) extending the Stay Period until and including October 15, 2023; and e) sealing the Confidential Appendix to the Third Report of the Monitor; | |
| Responding Record of the Applications (Re: Lifting Stay of Proceedings) (Returnable July 6, 2023) |
June 28, 2023 |
| Responding Motion of the Applications in connection with the motion brought by Turning Point Brands (Canada) Inc., returnable Thursday July 6, 2023 at 9:00 AM. | |
| Statement of Law of Green Acre Capital Fund II (Canada) Inc. (DIP Financing Approval) |
June 19, 2023 |
| Statement of law filed in connection with the cross-motion brought by Green Acre Capital Fund II (Canada) Inc. ("Green Acre") for an order approving a debtor-in-possession loan facility replacing the existing DIP loan facility agreement among the Applicants and ACT Investor. | |
| Cross-Motion Record of Green Acre Capital Fund II (Canada) Inc. (Returnable June 19, 2023) Blackline - DIP Facility Term Sheet (June 5 to June 19, 2023) | June 19, 2023 |
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Cross-motion for an Amended and Restated Initial Order (the "ARIO"), in a form to be negotiated, among other things: a) abridging the time for and validating service of this Notice of Cross-Motion and the Cross-Motion Record and dispensing with service on any person other than those served; and b) authorizing and directing the Applicants to execute the interim facility loan agreement with Green Acre Capital Fund II (Canada) LP, on behalf of a special-purpose entity to be formed for the benefit of a syndicate of lenders (the "Replacement DIP Lender"), dated June 19, 2023, pursuant to which the Replacement DIP Lender has agreed to advance to the Applicants a total amount of up to $9.8 million (the "Replacement DIP Facility"), which will be made available to the Applicants during these CCAA Proceedings, and related relief. | |
| Affidavit of Philip Yang (Sworn June 18, 2023) |
June 18, 2023 |
| Affidavit of Philip Yang of Stikeman Elliott LLP, the lawyers for Fire & Flower, regarding a letter received from counsel for 2707031 Ontario Inc. ("ACT Investor") | |
| Motion Record of the Moving Party (Motion Returnable June 19, 2023) |
June 17, 2023 |
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Motion for an Order: a) lifting the stay of proceedings pursuant to the Amended and Restated Initial Order of Justice Osborne dated June 15, 2023 ("ARIO"); and b) that F&F return the Goods in its possession, power or control to TPB Canada. | |
| Notice of Motion of Turning Point Brands (Canada) Inc. (Re: Lifting Stay of Proceedings) |
June 16, 2023 |
| Turning Point Brands (Canada) Inc. ("TPB Canada"), will make a motion to Justice Osborne presiding over the Commercial List on June 19, 2023 at 9:00 a.m. by way of a judicial teleconference via Zoom at Toronto, Ontario, or as soon thereafter as possible. | |
| Supplementary Factum of the Applicants |
June 15, 2023 |
| This Supplementary Factum of the Applicants is filed in support of the Motion Record of the Applicants to be heard on June 15, 2023. | |
| Factum of the Applicants |
June 14, 2023 |
| This Factum of the Applicants is filed in support of the Motion Record of the Applicants to be heard on June 15, 2023. | |
| Motion Record of the Applicants (Re: Comeback Hearing) (Returnable June 15, 2023) |
June 14, 2023 |
| Motion for the issuance of an amended and restated initial order, seeking, among other things, an extension of the stay of proceedings in favour of the Applicants to September 1, 2023, approval of a key employee retention plan and corresponding court-ordered priority charge, authority for the Applicants to pay pre-filing amounts owed to certain critical suppliers, approval of a sale and investment solicitation process, and approval of a stalking horse agreement to be entered into, solely for the purpose of constituting the "Staking Horse Bid" under the SISP. | |
| Notice of Motion (Returnable June 15, 2023) (Re: Amended and Restated Initial Order and SISP Approval Order) |
June 9, 2023 |
| Motion for the issuance of an amended and restated initial order, seeking, among other things, an extension of the stay of proceedings in favour of the Applicants to September 1, 2023, approval of a key employee retention plan and corresponding court-ordered priority charge, authority for the Applicants to pay pre-filing amounts owed to certain critical suppliers, and approval of a sale and investment soliciation process. | |
| Factum of the Applicants Application Record of the Applicants |
June 5, 2023 |
| Motion for the issuance of an initial order in respect of Fire & Flower Holdings Corp., Fire & Flower Inc., 13318184 Canada Inc., 11180703 Canada Inc., 10926671 Canada Ltd., Friendly Stranger Holdings Corp., Pineapple Express Delivery Inc., and Hifyre Inc. along with the factum of the applicants and the Affidavit of Stephane Trudel, CEO. | |
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