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Just Energy Group - Court Orders
The following Court Orders have been granted in the proceedings:
 Order (Motion on Prior Acts Exclusion, re: Omarali Claim) |
September 20, 2024 |
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This Order declares that, among other things: (a) the Omarali Claim is based upon, arises out of, directly or indirectly results from, is in consequence of and/or involves an act, error, omission, misstatement, misleading statement, neglect, breach of duty or Wrongful Act that was committed or allegedly committed prior to March 9, 2021; (b) The Prior Acts Exclusion applies to bar coverage for the Omarali Claim under the Policy; and (c) The Omarali Claim is dismissed. | |
| Endorsement of Justice Cavanagh |
September 20, 2024 |
| This endorsement of the Honourable Justice Cavanagh declares that the prior acts exclusion bars coverage for the Omarali claim, and that the relief sought against the insurers named in Mr. Omarali's Notice of Motion dated August 25, 2023 is denied. | |
| Order (Stay Extension) |
September 10, 2024 |
| This Order extends the Stay of Proceedings until and including January 31, 2025. | |
| Endorsement of Justice Cavanagh |
April 4, 2024 |
| This endorsement of the Honourable Justice Cavanagh was issued in regards to the Case Conference held on April 4, 2024 regarding the relief sought by Mr. Omarali (as representative plaintiff of a certified class in Omarali v. Just Energy) against three post-filing Directors and Officers liability insurers. Pursuant to the endorsement, the motion to be brought by the Insurers to seek determination of whether the "prior acts exclusion" applies to exclude coverage under the policies for the loss claimed by Mr. Omarali is scheduled to be heard on September 9, 2024 at 10:00 a.m. for a full day. | |
| Endorsement |
March 5, 2024 |
| This endorsement of the Honourable Justice Cavanagh was issued in regards to the Case Conference held on March 5, 2024. | |
| Order (Stay Extension & Other Relief) |
January 25, 2024 |
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This Order provides certain relief that includes, among other things: (a) Extending the stay of proceedings until and including September 30, 2024; (b) Approving the Fifteenth Report and Sixteenth Report of the Monitor, and the activities, conduct and decisions of the Monitor set out therein; and (c) Amending the title of proceedings to remove all of the current Applicants save and except for 14487893 Canada Inc. as the Canadian ResidualCo. | |
| Endorsement (Stay Extension & Other Relief Order) |
January 25, 2024 |
| This endorsement of the Honourable Justice Cavanagh was issued in regards to the hearing held on January 25, 2024 regarding the Stay Extension & Other Relief Order. | |
| Endorsement |
January 16, 2024 |
| This endorsement of the Honourable Justice Cavanagh was issued in regards to the Case Conference held on November 16, 2023. | |
| Endorsement |
June 28, 2023 |
| This endorsement of the Honourable Justice McEwen was issued in regards to the Order (Stay Extension & Other Relief) granted on June 28, 2023. | |
| Order (Stay Extension & Other Relief) |
June 28, 2023 |
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This Order provides certain relief that includes, among other things: (a) Extending the stay of proceedings until January 31, 2024; (b) dispending with noticing requirements to creditors of the Canadian Remaining Entities in respect of the future bankruptcy of any such entity; and (c) approving the Fourteenth Report of the Monitor dated June 21, 2023 and the activities and conduct of the Monitor as set out herein. | |
| Order (Stay Extension & Other Relief) |
January 23, 2023 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period until the termination of the CCAA Proceedings pursuant to a further Order of the Court (the "CCAA Termination Date") to provide time to resolve such remaining matters; b) Approving the fees and disbursements of the Monitor and its Canadian and U.S. Counsel incurred to the closing of the Transaction, and also those fees that will be incurred by the Monitor and its counsel until the CCAA Termination Date, to the maximum amount of the Administrative Reserve (as defined herein), and; c) Releasing Computershare Trust Company of Canada from its obligations under the Subordinated Notes and the Term loan (as such terms are defined herein). | |
| Endorsement |
January 23, 2023 |
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This endorsement of the Honourable Justice McEwen was issued in regards to the Order (Stay Extension & Other Relief) granted on January 23, 2023.
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| Monitor's Certificate |
December 16, 2022 |
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This Monitor's Certificate dated December 16, 2022 is in respect of the sale transaction in connection with the Approval and Vesting Order granted by the Court on November 3, 2022.
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| Endorsement |
December 13, 2022 |
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This endorsement of the Honourable Justice McEwen was issued on December 13, 2022 with respect to whether the Court should schedule and hear Mr. Mohammad Jaafari's Motion for Reconsideration. For the reasons provided, the Court will not schedule any further motions Mr. Jaafari might bring concerning the Approval and Vesting Order dated November 3, 2022 and the Monitor's Enhanced Powers and Other Relief Order dated November 3, 2022.
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| Endorsement |
November 21, 2022 |
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This endorsement of the Honourable Justice McEwen was issued on November 21, 2022 with respect to Mr. Mohammad Jaafari's ongoing, direct communications with the Court.
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| Endorsement |
November 14, 2022 |
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This endorsement of the Honourable Justice McEwen was issued on November 14, 2022 in regards to the Approval and Vesting Order and the Order (Monitor's Enhanced Powers & Other Relief) dated November 3, 2022.
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| Approval and Vesting Order |
November 3, 2022 |
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This Order provides certain relief with respect to the Applicant's motion heard on November 2, 2022 that includes, inter alia: a) Approving the Transaction Agreement and the Transactions (including the Implementation Steps); b) Directing the Priority Payments Amount and the Cash Purchase Price, as necessary and as permitted by the Transaction Agreement, to be distributed by Just Energy, on behalf of one or more of the Just Energy Entities, on the Closing Date consistent with the Implementation steps to satisfy the Priority Payments; c) Terminating, releasing, and discharging the FA Charge, the Directors' Charge, the KERP Charge, the DIP Lenders' Charge, the Priority Commodity/ISO Charge, the Cash Management Charge, and the Bid Protections Charge subject to the completion of the Priority Payments set out in paragraph 18 hereof; d) Effective as of the Effective Time, deeming the Release Parties to be forever irrevocably released by the Releasing Parties; e) Effective as of the Effective Time, permanently and forever barring, estopping, staying, and enjoining all Persons with respect to any and all claims or Cause of Actions released pursuant to this Order from certain actions as noted within; f) Limiting the Class Action Claimants' recovery solely to the proceeds of the Insurance Policies payable on behalf of the Specified JE Entities or their directors and officers in respect of any such Class Action Claim; and g) Ordering that no meeting of shareholders or other holders of Equity Claims in the Just Energy Entities is required to be held in respect of the Transactions and accordingly, no requirement to send any disclosure document related to the Transactions to such holders. | |
| Order (Monitor's Enhanced Powers & Other Relief) |
November 3, 2022 |
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This Order provides certain relief with respect to the Applicant's motion heard on November 2, 2022 that includes, inter alia: a) Expanding the powers, rights and protections of the Monitor in addition to the powers and duties of the Monitor set out in the Initial Order or any other Order of this Court granted in these CCAA proceedings; b) Extending the Stay Period to January 31, 2023; c) Approving the activities and conduct of the Monitor prior to the date hereof; d) Approving the Supplement to the Eleventh Report of the Monitor and Twelfth Report of the Monitor; and e) Approving the fees and disbursements of the Monitor and its Canadian and U.S. Counsel, as set out in the Twelfth Report and the Fee Affidavits. | |
| Order (Stay Extension) |
November 2, 2022 |
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This endorsement of the Honourable Justice McEwen issued on November 2, 2022 extends the Stay Period to November 3, 2022.
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| Order (Stay Extension) |
October 31, 2022 |
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This Order provides certain relief that includes extending the Stay Period to November 2, 2022.
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| SISP Approval Order |
August 18, 2022 |
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This Order provides certain relief with respect to the Applicant's motion heard on August 17, 2022 that includes the following, among other things: a) Approves the SISP pursuant to the terms thereof (attached as Schedule "B"); b) Approves the SISP Support Agreement; c) Approves the Stalking Horse Transaction Agreement; d) Approves the Break-Up Fee and Bid Protections Charge; e) Approves the Third Key Employee Retention Plan; f) Extends the Stay Period to October 31, 2022; g) Approves the activities and conduct of the Monitor prior to the date hereof, and the Tenth Report, Supplement to the Tenth Report, and Eleventh Report of the Monitor; and h) Directs that the ongoing claims review, claims determination and dispute resolution process is suspended pending further Order of the Court, subject to certain exceptions. | |
| Endorsement of Justice McEwen (Approval of SISP, SISP Support Agreement, Stay Extension and Other Relief) UNOFFICIAL TRANSCRIPT - Endorsement of Justice McEwen (Approval of SISP, SISP Support Agreement, Stay Extension and Other Relief) | August 18, 2022 |
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This endorsement of the Honourable Justice McEwen issued on August 18, 2022 states the relief granted with reasons regarding the Applicant's Motion heard August 17, 2022 regarding approval of the SISP, SISP support agreement, stay extension and other relief.
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| Ontario Court of Appeal's Reasons for Decision, re: Dismissal of Motion for Leave to Appeal dated February 9, 2022 |
June 28, 2022 |
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For the reasons noted, the Ontario Court of Appeal dismisses the motion for leave to appeal from the order of Justice McEwen of the Superior Court of Justice dated February 9, 2022 filed by counsel to the uncertified class claimants in the U.S. Litigation (Donin v. Just Energy Group Inc., and Jordet v. Just Energy Solutions, Inc.).
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| Endorsement |
June 23, 2022 |
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This endorsement of the Honourable Justice McEwen pertains to the supplementary written submissions requested in the Court's endorsement of June 10, 2022 concerning the appropriateness of the terms of the proposed differential consideration being offered to unsecured creditors in the Plan.
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| Endorsement |
June 21, 2022 |
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This endorsement of the Honourable Justice McEwen sets out the reasons following the June 10, 2022 Endorsement issued in regards to the motion brought by the Applicants seeking an Authorization Order and Meetings Order.
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| Endorsement |
June 10, 2022 |
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This endorsement of the Honourable Justice McEwen issued on June 10, 2022 regarding the June 7, 2022 motion.
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| Order (Stay Extension) |
June 7, 2022 |
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This Order provides certain relief that includes extending the Stay Period to August 19, 2022.
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| Order (Stay Extension) |
May 26, 2022 |
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This Order provides certain relief that includes extending the Stay Period to June 7, 2022.
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| Order (Motion re Authorization to Pursue Section 36.1 Claims in Adversary Proceeding) Endorsement of Justice McEwen (Order re Authorization to Pursue Section 36.1 Claims in Adversary Proceeding) | May 5, 2022 |
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This Order provides certain relief with respect to the Applicant's motion regarding authorization to pursue Section 36.1 Claims in the Adversary Proceeding (defined below) that includes, among other things: a) The Foreign Representative and other Just Energy Entities, as the case may be, are hereby authorized and empowered to pursue the Section 36.1 Claims in the adversary proceeding commenced in the United States Bankruptcy Court for the Southern District of Texas bearing adversary proceeding no. 21-4399 (MI) (the "Adversary Proceeding"), nunc pro tunc; and b) The Monitor is hereby authorized and directed to take whatever actions or steps it deems advisable to assist and supervise the Just Energy Entities with respect to the prosecution of the Section 36.1 Claims in the Adversary Proceeding. | |
| Order (Stay Extension) |
April 21, 2022 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period to May 26, 2022; and b) Approving the Monitor's activities, conduct, Eighth Report and Ninth Report. | |
| Order (Stay Extension) |
March 24, 2022 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period to April 22, 2022; and b) Approving the Monitor's activities, conduct, and Seventh Report. | |
| Order (Stay Extension and Appointment of Claims Officer) |
March 3, 2022 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period to March 25, 2022; b) Appointing the Honourable Justice Dennis O'Connor as Claims Officer for purposes of adjudicating the disputed Claims submitted in relation to Trevor Jordet v. Just Energy Solutions, Inc. and Fira Donin and Inna Golovan v. Just Energy Group Inc., in accordance with the Claims Procedure Order; and c) Approving the Monitor's activities, conduct, and Sixth Report. | |
| Written Reasons of the Honourable Justice McEwen regarding relief sought by certain uncertified class claimants |
February 23, 2022 |
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These written reasons of the Honourable Justice McEwen pertain to the relief sought by certain uncertified class claimants in their motion record dated January 19, 2022.
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| Order (Stay Extension) |
February 9, 2022 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period to March 4, 2022; and b) Approving the Monitor's activities, conduct, and Fifth Report. | |
| Endorsement |
November 18, 2021 |
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This endorsement of the Honourable Justice Koehnen was issued in regards to the following Orders issued on November 10, 2021: a) Order (DIP Amendment, Second KERP, Stay Extension and Other Relief); and, b) Order (Support Agreement and Other Relief). | |
| Order (DIP Amendment, Second KERP, Stay Extension and Other Relief) |
November 10, 2021 |
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This Order provides certain relief that includes, among other things: a) Authorizing and empowering the Just Energy Entities to enter into the Fifteenth Amendment to the CCAA Interim Debtor-in-Possession Financing Term Sheet dated November 3, 2021; b) Approving the JE Finance Transaction (as defined in the Fifth Carter Affidavit); c) Approving a second KERP and directing that the summary of the second KERP be treated as confidential and sealed; and d) Extending the Stay Period to February 17, 2022. | |
| Order (Support Agreement and Other Relief) |
November 10, 2021 |
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This Order provides certain relief that includes, among other things: (all terms as defined in either the Order or the Sixth Carter Affidavit) a) Authorizing and empowering Just Management Corp. ("JMC") to enter into the Support Agreement; b) Authorizing the Just Energy Entities to enter into the Wind-Up and Dissolution Transactions; c) Authorizing Just Energy to sell the ecobee Shares held by it, following the completion of the Wind-Up and Dissolution Transactions, to the Purchaser, and vesting in the Purchaser, Just Energy's right, title and interest in and to the ecobee Shares; and d) Authorizing Just Energy to sell the Consideration Shares, and vesting in each or any third-party purchaser, Just Energy's right, title and interest in and to the Consideration Shares or any portion thereof. | |
| Order (Stay Extension and Other Relief) |
September 15, 2021 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period to December 17, 2021; b) Approving certain adjustments to the Key Employee Retention Plan; c) Authorizing the Just Energy Entities to enter into blocked account control agreements with respect to new bank accounts opened in the ordinary course of business subject to relevant agreements, Court orders and provisions; and d) Approving the Monitor's activities, conduct, and fees and disbursements, and the fees and disbursements of its Canadian and U.S. legal counsel; | |
| Claims Procedure Order |
September 15, 2021 |
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This Order provides certain relief that includes, among other things: a) Approving the Claims Process for the Just Energy Entities; b) Establishing the Claims Bar Date of 5:00 p.m. (Toronto time) on November 1, 2021 and Restructuring Period Claims Bar Date; and c) Authorizing the Monitor, Omni Agent Solutions as the Claims Agent, and the Claims Officer to perform their respective obligations under the Claims Procedure Order. | |
| Endorsement |
September 15, 2021 |
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This email endorsement of the Honourable Justice Koehnen was issued in regards to the Claims Procedure Order and Order (Stay Extension and Other Relief) granted on September 15, 2021.
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| Endorsement |
May 26, 2021 |
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This email endorsement of the Honourable Justice Koehnen was issued in regards to the Second Amended and Restated Initial Order and the Order (Stay Extension and Other Relief) dated May 26, 2021.
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| Second Amended and Restated Initial Order |
May 26, 2021 |
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The Second Amended and Restated Initial Order (amending the Initial Order dated March 9, 2021, as amended and restated on March 19, 2021) provides certain relief and amendments that include, among other things: a) Expanding the definition of "Qualified Commodity/ISO Supplier" in the Amended & Restated Initial Order, granted March 19, 2021 ("ARIO") to include counterparties to a Commodity Agreement or ISO Agreement (each as defined in the ARIO) executed after March 9, 2021; b) Limiting the number of Qualified Support Agreements to eight; c) Amending the definition of "Commodity Agreement" to include contracts entered into for protection against fluctuations in U.S. dollar to Canadian dollar foreign currency exchange rates related to certain customer obligations; and d) Permit a Qualified Commodity/ISO Supplier, unless otherwise ordered by the Court, to terminate its Commodity Agreement and Qualified Support Agreement entered into after May 26, 2021 without obtaining Court authorization in certain limited circumstances. | |
| Order (Stay Extension & Other Relief) |
May 26, 2021 |
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This Order provides certain relief that includes, among other things: a) Extending the Stay Period (as defined in paragraph 17 of the Amended and Restated Initial Order dated March 19, 2021 (the "ARIO")) to September 30, 2021; b) Relieving the Applicant Just Energy Group Inc. ("Just Energy") of any obligation to call an annual meeting of shareholders until further Order of this Court; and c) Authorizing certain intercompany payments of pre-filing intercompany indebtedness, including interest, to ensure sufficient working capital is held by each Canadian Just Energy Entity (as defined within) to fund its ongoing operations within these proceedings under the Companies' Creditors Arrangement Act, RSC 1986 c C-36 (the "CCAA"). | |
| Amended and Restated Initial Order |
March 19, 2021 |
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The Amended and Restated Initial Order provides certain relief that includes, inter alia: a) Increasing the Administration Charge to $3 million, the FA Charge to $8.6 million, and the Directors' Charge to $44.1 million; b) Approving the proposed key employee retention plan and granting a Court-ordered charge as security for payments under the retention plan; c) Authorizing the Applicants to, with the consent of the Monitor, provide cash collateral to third parties and to grant security interests in favour of the collateral recipients; d) Authorizing the payment of certain bonuses pertaining to the quarter ended December 31, 2020; and e) Extending the Stay Period until and including June 4, 2021. | |
| Endorsement |
March 19, 2021 |
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The email endorsement of the Honourable Justice Koehnen issued on March 19, 2021 regarding the Amended and Restated Initial Order.
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| Endorsement |
March 9, 2021 |
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The endorsement of the Honourable Justice Koehnen issued on March 9, 2021 regarding the Initial Order. | |
| Initial Order |
March 9, 2021 |
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The Initial Order provides certain relief, inter alia, a stay of proceedings against the Just Energy Group until and including March 19, 2021. | |
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