|
Home Court Orders Reports Motion Materials Chapter 15 Proceedings Claims Procedure ERCOT/PUCT Litigation Other Documents & Notices Service List Priority Commodity/ISO Obligations FAQ Bankruptcy |
Just Energy Group - Claims Procedure
PLEASE TAKE NOTICE that on September 15, 2021, the Ontario Superior Court of Justice (Commercial List) issued an order (the "Claims Procedure Order") in the Companies' Creditors Arrangement Act proceedings (the "CCAA Proceedings") of the Just Energy Entities. The Claims Procedure Order commences a claims procedure (the "Claims Process") for the purpose of identifying and determining all Claims against the Just Energy Entities and their respective Directors and Officers. Please review the Claims Procedure Order in its entirety and with particular reference to the definitions of "Claims", "Pre-Filing Claim", "Restructuring Period Claim", and "D&O Claim" to which the Claims Process applies. All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the Claims Procedure Order, which is posted below and in the Court Orders section of this website.
Please note that this Claims Process pertains to all Persons wherever situated in Canada, the United States, or other jurisdictions, and all Claims must be filed within this Claims Process in the CCAA Proceedings using the applicable forms and schedules appended to the Claims Procedure Order approved by the Canadian Court.
PLEASE TAKE NOTICE that the Claims Procedure Order requires that all Persons who wish to assert a Claim against any of the Just Energy Entities or any of their Directors and/or Officers (a "D&O Claim") must file a Proof of Claim (with respect to Claims against any of the Just Energy Entities) or D&O Proof of Claim (with respect to D&O Claims) with Omni Agent Solutions, as claims and noticing agent of the Just Energy Entities (the "Claims Agent") or the Monitor, on or before 5:00 p.m. (Toronto time) on November 1, 2021 (the "Claims Bar Date"), or in the case of a Restructuring Period Claim or Restructuring Period D&O Claim, on or before the applicable Restructuring Period Claims Bar Date, which is 5:00 p.m. (Toronto time) on the date that is the later of (i) 30 days after the date on which the Claims Agent or the Monitor sends a Negative Notice Claims Package or General Claims Package, as appropriate, with respect to a Restructuring Period Claim or Restructuring Period D&O Claim, and (ii) the Claims Bar Date.
The Claims Agent or the Monitor will send or cause to be sent, on or before September 29, 2021:
(a) a Negative Notice Claims Package to each Negative Notice Claimant, which will contain a Statement of Negative Notice Claim that specifies such Negative Notice Claimant's Negative Notice Claim as valued by the Just Energy Entities, in consultation with the Monitor, based on the books and records of the Just Energy Entities, and
i. each Person that appears on the Service List (except Persons that are likely to assert only Excluded Claims, in the reasonable opinion of the Just Energy Entities and the Monitor);
ii. any Person who has requested a Proof of Claim in respect of any potential Claim that is not captured in a Statement of Negative Notice Claim, and
iii. any Person known to the Just Energy Entities or the Monitor as having a potential Claim based on the books and records of the Just Energy Entities that is not captured in any Statement of Negative Notice Claim.
If you have received a Statement of Negative Notice Claim, your Claim will be deemed to be accepted at the amount specified therein, and you do not need to take any further steps with respect to such Claim unless you disagree with the amount specified therein. If you wish to dispute your Claim as specified in your Statement of Negative Notice Claim, you must file a Notice of Dispute of Claim with the Claims Agent or the Monitor on or before the applicable Bar Date.
It is your responsibility to ensure that the Claims Agent or the Monitor receives your Proof of Claim, D&O Proof of Claim, or Notice of Dispute of Claim by the applicable Bar Date if you wish to assert any Claim or dispute a Statement of Negative Notice Claim. CLAIMS, D&O CLAIMS, AND NOTICES OF DISPUTE OF CLAIM WHICH ARE NOT RECEIVED BY THE APPLICABLE BAR DATE WILL NOT BE ACCEPTED AND SUCH CLAIMS OR DISPUTES WILL BE BARRED AND EXTINGUISHED FOREVER.
|
Please note that the SISP Approval Order suspended the ongoing claims review, claims determination and dispute resolution processes as of August 18, 2022, subject to certain exceptions, pending further Order of the Canadian Court. As noted in Paragraph 36 of the Twelfth Report of the Monitor, the Transaction does not provide for any recoveries to General Unsecured Creditors.
|
FTI Consulting Canada Inc.
P.O. Box 104, TD South Tower
79 Wellington Street West, Suite 2010
Toronto, ON M5K 1G8
Attention: Just Energy Claims Process
Email:
claims.justenergy@fticonsulting.com
Fax: 416-649-8101
Should you have any questions regarding submission of your Claim, please do not hesitate to contact the Claims Agent:
Telephone:
1-866-680-8161 (US & Canada)
1-818-574-3196 (International)
Email:
justenergyinquiries@omniagnt.com
Should you have any questions regarding the Claims Process, CCAA Proceedings, and/or submission of your Claim, please do not hesitate to contact the Monitor:
Telephone:
1-844-669-6340
1-416-649-8127
Email:
claims.justenergy@fticonsulting.com
