Sears Canada Group

Reports / Rapports

Estate 2013 Dividend Litigation / Litiges des Représentants des créanciers relatifs au Dividende de 2013

Motion Materials / Requêtes

Creditors' Meetings / Réunions de créanciers

Receivership / Mise Sous Séquestre

Other Documents & Notices / Autres documents et avis

Service List / Liste des parties intéressées et représentées

Employee Hardship Fund / Fonds pour les difficultés des employés

Hometown Dealer Matters / Questions concernant les revendeurs locaux

Residual Asset Sales / Ventes d'actifs résiduels

Warranties / Garanties

Pension Matters / Questions de Pension

Sale & Investment Solicitation Process ("SISP") / Processus de Sollicitation aux fins de vente et d'investissement (le "processus")

Frequently Asked Question's / Questions fréquentes

Sears Canada Group - Reports

The following reports have been filed in the proceedings:

Supplement to the Forty-Eighth Report of the Monitor	December 15, 2021
The purpose of this Supplement to the 48th Report is to provide additional information in connection with the motion of Representative Counsel to the Retirees of Sears Canada for certain relief with respect to the Supplemental Plan as well as certain amendments to the PRC Order.

Forty-Eighth Report of the Monitor	December 14, 2021
The purpose of this forty-eighth report of the Monitor is to provide the Court with information regarding a motion by Pension Representative Counsel for certain relief with respect to the Supplemental Plan as well as certain amendments to the PRC Order.

Forty-Seventh Report of the Monitor	October 18, 2021
47th Report of the Monitor included as Tab 2 of the Motion Record of FTI Consulting Canada Inc., as Monitor, with respect to a request for an Order seeking: (i) extension the Stay Period until such date as the Monitor delivers the CCAA Termination Time, (ii) the termination of the CCAA proceedings and discharging the Monitor and the Receiver upon the filing of the CCAA Termination Certificate; (iii) approving the fees and disbursements of the Monitor and its counsel in connection with these proceedings; and (iv) granting releases to the Monitor, the Receiver and certain related parties. The purpose of the 47th Report is to provide the Court with information on (i) the status of the CCAA Proceedings, and (ii) the Monitor's motion for an order extending the stay of proceedings, approving professional fees, and granting certain releases.

Forty-Sixth Report of the Monitor	July 20, 2021
46th Report of the Monitor included as Tab 2 of the Motion Record of FTI Consulting Canada Inc., as Monitor, with respect to a request for an Order extending the Stay Period and approving the fees and disbursements of the Monitor and its counsel in connection with these proceedings. The purpose of the 46th Report is to provide the Court with information on (i) the status of the CCAA Proceedings, and (ii) the Monitor's motion for an order extending the stay of proceedings and approving the Monitor's and the Monitor's counsel's fees.

Forty-Fifth Report of the Monitor re TUV Fee Approval and AST Funds	April 16, 2021
45th report of the Monitor in support of its motion for an order approving the fees and disbursements of the Monitor and its counsel in connection with the TUV Claim and directing that certain funds currently held, or that may be identified, by AST Trust Company (Canada) be returned to Sears Canada Inc. Originally served as Tab 2 of the Monitor's motion materials in respect of the TUV Fee approval motion which can be found in the Motion Materials section of the Monitor's Sears Canada website.

Forty-Fourth Report of the Monitor	January 27, 2021
The purpose of this forty-fourth report of the Monitor (the "Forty-Fourth Report") is to provide the Monitor's recommendation for an order: a) directing CDTel Inc. ("CDTel") to make payment for outstanding fees owing to Sears Connect ("Sears") under the Sears Connect Telecommunications Services Agreement dated January 1, 2015 (the "Agreement") from October 1, 2017 to April 30, 2020 in the amount of $2,038,330.5; b) directing CDTel to deliver necessary records that will allow the Monitor to determine the amounts that CDTel owes Sears from May 1, 2020 to December 31, 2021; c) directing CDTel to make payment for outstanding fees owing to Sears under the Agreement from May 1, 2020 to December 31, 2020; d) directing CDTel to deliver necessary records within 15 days following the end of each month to allow the Monitor to determine the fees payable to Sears in accordance with the end of term procedures of the Agreement from January 1, 2021 until there are no longer any customers enrolled in the ComparAction Program and LD Program ("Enrolled Customers"); e) directing CDTel to remit residual fees within 30 days following the end of each month in accordance with the end of term provisions of the Agreement from January 1, 2021 until there are no longer any Enrolled Customers; and f) directing that CDTel cease using any intellectual property belonging to Sears,including without limitation, the Brand Name.

Forty-Third Report of the Monitor	January 19, 2021
The purpose of this Forty-Third report of the Monitor is to provide the Court with information regarding: (a) The Monitor's request to extend the Stay Period to July 31, 2021; (b) Request to approve fees and disbursements of the Monitor and its counsel for the period April 2019 to December 2020. (c) Request to return certain funds held by AST Trust Company (Company) to Sears Canada Inc. for distribution in accordance with the Amended and Restated Joint Plan of Compromise and Arrangement.

Forty-Second Report of the Monitor	November 17, 2020
Monitor's report filed in support of its motion to be heard on November 23, 2020 for an order declaring (i) the Meetings of the Unsecured Creditor Classes were held in accordance with the Restated Meetings Order, (ii) sanctioning and approving the Amended and Restated Joint Plan of Compromise and Arrangement (the "A&R Plan"), and (iii) authorizing and directing the Sears Canada Entities and the Monitor to implement the A&R Plan. Please note, the Monitor's 42 Report was originally filed as Tab 2 of the Monitor's motion record in support of the sanction hearing.

Forty-First Report of the Monitor	September 25, 2020
The purpose of this forty-first report of the Monitor is to provide the Court with information regarding the motion by the Monitor for an order approving an agreement for the return of certain Remaining LC Funds (as defined below) from Coface North America Insurance Company and Compagnie Française d'Assurance pour le Commerce Extérieur, Canada Branch (collectively, "Coface") and the Monitor's comments and recommendations in connection with the foregoing.

Fortieth Report of the Monitor re Motion for an Order Extending the Stay of Proceedings until January 31, 2021	September 24, 2020
The purpose of the fortieth report of the Monitor (the "Fortieth Report") is to provide the Court with information regarding: (a) the current status of various matters in the CCAA Proceedings, including the activities of the Monitor and the Sears Canada Entities since the date of the Monitor's Thirty-Sixth Report to the Court dated March 24, 2020; (b) an update on the status of the Plan and the Meetings; (c) the Monitor's request for an order (the "Stay Extension Order") extending the Stay Period (as defined in the Initial Order) to January 31, 2021; and (d) the Monitor's comments and recommendations in connection with the foregoing.

Supplement to Thirty-Ninth Report of the Monitor	September 17, 2020
The purpose of this Supplement to the thirty-ninth Report is to provide to the Court and to the Service List a copy of the Settlement and Release Agreement entered into between the Monitor, the Litigation Trustee, the Pension Administrator, the 1291079 Ontario Limited, as representative plaintiff, and the ESL Parties.

Thirty-Ninth Report of the Monitor	September 16, 2020
The purpose of this thirty-ninth report of the Monitor is to provide the Court with information regarding the motion by the plaintiffs in the Claims for an order approving a settlement of the Claims as against the ESL Parties, and the Monitor's comments and recommendations in connection with the foregoing.

Thirty-Eighth Report of the Monitor re Motion for an Order Approving the Director Settlement returnable August 25, 2020	August 14, 2020
The purpose of this thirty-eighth report of the Monitor (the "Thirty-Eighth Report") is to provide the Court with information regarding the motion by the plaintiffs in the Claims (the "Plaintiffs") for an order approving a settlement of the Claims solely as against certain former directors of Sears Canada Inc. (the "Director Defendants"), and the Monitor's comments and recommendations in connection with the foregoing. The Thirty-Eighth was included in Tab 2 of the Plaintiffs Motion Record dated August 14, 2020.

Thirty-Seventh Report of the Monitor	July 29, 2020
The purpose of this thirty-seventh report of the Monitor is to provide the Monitor's recommendation for the approval of a settlement between Sears, Suncor Energy Inc. and Her Majesty the Queen in Right of Alberta, as represented by the Director, Regional Compliance, South Saskatchewan Region, Alberta Environment and Parks and to provide for the release of the Reserve Amount associated with this issue, as previously set out in the Thirty-Sixth and Thirty-Third Reports.

Thirty-Sixth Report of the Monitor	March 24, 2020
The purpose of this thirty-sixth report is to provide the Court with information regarding: a) the current status of various matters in the CCAA Proceedings, including the activities of the Monitor and the Sears Canada Entities since the date of the Monitor's Thirty-Second Report; b) an update on the status of the Plan and the Meetings; c) the Monitor's request for an order extending the Stay Period to September 30, 2020, and providing a corresponding extension of the application period for the Employee Hardship Fund; d) the Monitor's request for an order establishing the Reserve Amount in connection with the EPO; and e) the Monitor's comments and recommendations in connection with the foregoing.

Thirty-Fifth Report of the Monitor	February 28, 2020
The purpose of this thirty-fifth report is to provide the Court with information regarding the motion by the plaintiffs in the Claims for an order approving the entry of the Plaintiffs into a settlement of the Claims solely as against SHC, and the Monitor's comments and recommendations in connection with the foregoing.

Thirty-Fourth Report of the Monitor	January 06, 2020
The purpose of the Thirty-Fourth Report is to provide the Court with updated information and the Monitor's comments and recommendations regarding the motion for approval of a sale transaction for the former Sears Canada full-line store located at Georgian Mall in Barrie, Ontario.

Supplement to Thirty-Third Report of the Monitor	October 31, 2019


Thirty-Third Report of the Monitor	October 31, 2019
The purpose of this thirty-third report is to provide the Court with information regarding the Monitor's motion to set a reserve amount of $7.7M to satisfy any costs that Sears Canada may be required to pay to conduct the remediation activities required under the revised remediation plan established in response to various environmental protection orders issued by the Director of Alberta Environment and Parks pursuant to the Environmental Protection and Enhancement Act.

Thirty-Second Report of the Monitor	September 13, 2019
The purpose of this thirty-second report of the Monitor (the "Thirty-Second Report") is to provide the Court with information regarding: a) the current status of various matters in the CCAA Proceedings, including the activities of the Monitor and the Sears Canada Entities since the date of the Monitor's Thirty-First Report to the Court dated April 17, 2019; b) the Monitor's request for an order (the "Stay Extension Order") extending the Stay Period to March 31, 2020, and providing a corresponding extension of the application period for the Employee Hardship Fund; and c) the Monitor's comments and recommendations in connection with the foregoing.

Thirty-First Report of the Monitor	April 17, 2019
The report is served in connection with the Monitor's motion for the approval of fees and the extension of the stay period to September 30, 2019

Thirtieth Report of the Monitor	March 25, 2019
The Thirtieth Report of the Monitor pertains to a motion with confidentiality requests, including over portions of the report. A redacted copy will be served and posted in due course.

Second Supplement to Twenty-Ninth Report of the Monitor	October 16, 2020
The purpose of the Second Supplement to the Twenty-Ninth Report is to provide a further update regarding the A&R Plan, including the amendment and restatement thereof, and the proposed re-scheduling of the Meetings. The Second Supplement to the Twenty-Ninth Report was originally filed as Tab 2 to the Monitor's Motion Record, also filed in October 16, 2020.

Supplement to the Twenty Ninth Report of the Monitor	February 14, 2019
This Supplement to the 29th Report of the Monitor provides an update regarding the Monitor's discussions with key stakeholders regarding the Plan and a summary of modifications made to the Plan in advance of the hearing for the Meetings Order on February 15th, 2019.

Twenty Ninth Report of the Monitor	February 06, 2019
The purpose of the Twenty-Ninth Report of the Monitor is to provide: a) the Court with information regarding the Monitor's request for an Order (the "Meetings Order") inter alia accepting the filing of the Sears Canada Entities' proposed Plan; and b) the Monitor's description and assessment of the Plan.

Twenty Eighth Report of the Monitor	November 27, 2018
The purpose of the Twenty-Eighth Report is to provide the Court with information regarding: a) developments in the CCAA Proceedings since the date of the Monitor's Twenty First Report to the Court dated July 20, 2018; b) the Monitor's request for an order establishing a governance protocol for the Sears Canada Entities that would be implemented to facilitate the efficient completion of these proceedings; c) the Monitor's request for an order extending the Stay Period to May 2, 2019 and extending the Application Period for the Employee Hardship fund to May 2, 2019; d) the Monitor's request for an order extending the date by which Notices of Revision or Disallowance must be delivered in connection with D&O Claims or indemnity claims filed by Directors and Officers until March 1, 2019; and e) the Monitor's comments and recommendations in connection with the foregoing.

Second Supplement to the Twenty Seventh Report of the Monitor	January 08, 2019
Second Supplement to the Twenty Seventh Report (the "Second Supplement") is to provide the Court with additional material in the Twenty Seventh Report of the Monitor.

First Supplement to the Twenty Seventh Report of the Monitor	November 20, 2018
The purpose of this First Supplement to the Twenty Seventh Report (the "First Supplement") is to provide the Court with amendments to the Draft Statement of Claim filed in the Twenty Seventh Report of the Monitor.

Twenty Seventh Report of the Monitor	November 05, 2018
Please find within this Motion Record the twenty-seventh report of the Monitor (commencing p10). The purpose of this twenty-seventh report of the Monitor is to provide the Court with information regarding motions: a) by the Monitor for, among other things: i) authorization and direction to proceed, pursuant to Section 36.1 of the CCAA, to issue and pursue a claim under Section 96 of the BIA relating to the 2013 Dividend; ii) authorization and direction to take certain ancillary steps in connection therewith; and b) by the Litigation Investigator for, among other things, an order authorizing the appointment of a litigation trustee and counsel to pursue the claims recommended in the First Report of the Litigation Investigator, dated November 5, 2018

Twenty Sixth Report of the Monitor	October 11, 2018
The purpose of this twenty-sixth report of the Monitor (the "Twenty-Sixth Report") is to provide the Court with information regarding: a) a motion by The Children's Place (Canada), LP and a motion by GAP (Canada) Inc. and Old Navy (Canada), Inc. for orders pertaining to the Co-Tenancy Stay; b) further developments in connection with the Moving Landlords' Motion since the service of the First Supplement to the Twenty-Fifth Report and the adjournment of that motion; and c) an update regarding the upcoming ERC Receivership Motion for the appointment of a receiver over limited property of certain Applicants, in order to allow former employees access to funds available to them pursuant to the Wage Earner Protection Program.

First Supplement to the Twenty Fifth Report of the Monitor	September 19, 2018
The purpose of this First Supplement to the Twenty Fifth Report (the "First Supplement") is to provide responses to certain questions submitted by the Moving Landlords and to provide the Court with information relating to the Moving Landlords' request for an adjournment of the Moving Landlords' Motion.

Twenty Fifth Report of the Monitor	September 13, 2018
The purpose of this twenty-fifth report of the Monitor (the "Twenty-Fifth Report") is to provide the Court with information regarding a motion (the "Moving Landlords' Motion") by Bentall Kennedy (Canada) LP, QuadReal Property Group, Primaris Management Inc., Westcliff Management Ltd., Tanurb (Festival Marketplace) Inc., and Cogir Real Estate (collectively the "Moving Landlords") for orders, among other things: a) varying the Claims Procedure Order of the Honourable Justice Hainey, dated December 8, 2017, by suspending the deadlines for the litigation of the disputed claims of the Moving Landlords until such time as the Deemed Trust Motion (as discussed below) is resolved or subject to a final order; b) security for costs in favour of the Moving Landlords to secure the costs to be incurred in the claims process dispute, in priority to all other charges on the estate of Sears Canada and pari passu with the Administration Charge granted in these proceedings to the Monitor; and c) costs of this motion, including costs incurred, if any, related to the case conference scheduled by the Monitor before the Honourable James Farley (the "Claims Officer"), to be paid personally by the Monitor or its counsel.

Twenty Fourth Report of the Monitor	September 13, 2018
The purpose of this twenty-fourth report of the Monitor (the "Twenty-Fourth Report") is to provide the Court with information regarding: a) the current status of various matters in the CCAA Proceedings, including the activities of the Monitor and the Sears Canada Entities since the status and activities updates outlined in the Monitor's Twenty-First Report to the Court dated July 20, 2018 (the "Twenty-First Report"); b) the Monitor's request for an order (the "Further NORD Extension Order") further extending the deadline for the Monitor to issue Notices of Revision or Disallowance in respect of (i) D&O Claims; and (ii) indemnity claims filed by the Directors and Officers, pursuant to the Claims Procedure Order and the E&R Claims Procedure Order; c) the Monitor's request for an order (the "Third Fee Approval Order") approving the fees and disbursements of the Monitor and its counsel, Norton Rose Fulbright Canada LLP ("NRFC"), for the periods set out in the Fee Affidavits (as defined below); and d) the Monitor's comments and recommendations in connection with the foregoing.

Twenty Third Report of the Monitor	September 10, 2018
The purpose of this Twenty-Third report of the Monitor (the "Twenty-Third Report") is to provide the Court with information regarding contracts and disputes between Sears Canada and Oxford Properties Group, OPGI Management Limited, Oxford Properties Retail Holdings II Inc. and CPPIB Upper Canada Mall Inc. (collectively, "Oxford") relating to a building and property municipally known as 17600 Yonge Street, located in Newmarket, Ontario (the "Newmarket Property").

Twenty Second Report of the Monitor	September 7, 2018
The purpose of this Twenty-Second report of the Monitor (the "Twenty-Second Report") is to provide the Court with information regarding motions by Pension Representative Counsel, the Superintendent and the Plan Administrator (as defined below) (collectively, the "Pension Motion") for orders, among other things: a) that the amount of the wind-up deficit in connection with the Pension Plan is deemed to be held in trust for the beneficiaries of the Pension Plan pursuant to Section 57(4) of the Pension Benefits Act (Ontario) (the "PBA") with priority ahead of the claims of all other creditors of Sears Canada other than amounts secured by the Court-ordered charges (the "PBA Deemed Trust Priority Issue"); b) that Morneau Shepell, as administrator of the Pension Plan (the "Plan Administrator"), has a lien and charge under Section 57(5) of the PBA for the amount of the wind-up deficit in connection with the Pension Plan (the "PBA Lien Priority Issue"); c) that the foregoing orders survive any future bankruptcy or receivership of the Applicants; d) that 9370-2751 Quebec Inc. ("Former Corbeil") and 191020 Canada Inc. (together with 168886 Canada Inc.1, "Former SLH") are jointly and severally liable with Sears Canada for the obligations under the Pension Plan and that the assets of Former Corbeil and Former SLH may also be subject to the deemed trust and lien under the PBA as described above (the "Joint and Several Issue"); and e) directions with respect to spousal waivers provided in connection with the Pension Plan (the "Spousal Waiver Issue").

Twenty First Report of the Monitor	July 20, 2018
The purpose of this Twenty-First Report of the Monitor (the "Twenty-First Report") is to provide the Court with information regarding: a) developments in the CCAA Proceedings since the date of the Monitor's Eighteenth Report to the Court dated May 7, 2018 (the "Eighteenth Report"); b) the Applicants' request for an order (the "Stay Extension Order") extending the Stay Period to December 18, 2018 and extending the Application Period set out in the Employee Hardship Fund Term Sheet to December 18, 2018; c) the Applicants' request for an order (the "NORD Extension Order") extending the deadline for the Monitor to issue Notices of Revision or Disallowance in respect of D&O Claims and indemnity claims filed by Directors and Officers pursuant to the Claims Procedure Order and the E&R Claims Procedure Order; and d) the Monitor's comments and recommendations in connection with the foregoing.

Fourth Supplement to the Twentieth Report of the Monitor	November 15, 2018
The purpose of this Fourth Supplement to the Twentieth Report (the "Fourth Supplement") is to provide the Court with information and the Monitor's comments and recommendations regarding the Monitor's comments and recommendations regarding: a) the Initial Lien Claims Order, the Settled Construction Claims and payment thereof; and b) the seeking of a Fifth Construction Lien Claims Order that would, inter alia, authorize certain payments in satisfaction of the Undisputed Construction Claims and Settled Construction Claims made in respect of Remaining Owned Properties.

Third Supplement to the Twentieth Report of the Monitor	September 18, 2018
The purpose of this Third Supplement to the Twentieth Report (the "Third Supplement") is to provide the Court with information and the Monitor's comments and recommendations regarding the Monitor's request for a further order (the "Fourth Construction Lien Claims Order") that would: a) confirm the settlement of a certain further Construction Claim that had previously been in dispute; b) authorize certain payments in satisfaction of the secured portion of such Construction Claim; c) order certain associated discharges and releases of liens and lien claims; and d) confirm the barring of further claims by construction contractors and construction sub-contractors connected to such Construction Claim.

Second Supplement to the Twentieth Report of the Monitor	July 20, 2018
The purpose of this Second Supplement to the Twentieth Report (the "Second Supplement") is to provide the Court with information and the Monitor's comments and recommendations regarding the Monitor's request for a further order (the "Third Construction Lien Claims Order") that would: a) confirm the settlement of certain further Construction Claims that had previously been in dispute; b) authorize certain payments in satisfaction of such Construction Claims; c) order certain associated discharges and releases of liens and lien claims; and d) confirm the barring of further claims by construction contractors and construction sub-contractors connected to such Construction Claims.

First Supplement to the Twentieth Report of the Monitor	June 29, 2018
The purpose of this First Supplement to the Twentieth Report (the "First Supplement") is to provide the Court with information and the Monitor's comments and recommendations regarding the Monitor's request for a further order (the "Second Construction Lien Claims Order") that would: a) confirm the settlement of certain further Construction Claims that to date had previously been in dispute; b) authorize certain payments in satisfaction of such Construction Claims; c) order certain associated discharges and releases of liens and lien claims; and d) confirm the barring of further claims by construction sub-contractors connected to such Construction Claims.

Twentieth Report of the Monitor	June 12, 2018
The purpose of this twentieth report of the Monitor (the "Twentieth Report") is to provide the Court with information regarding: a) the Monitor's request for an order (the "Construction Lien Claims Order") confirming the Monitor's determination regarding the validity and characterization of certain Construction Claims (as defined in the Claims Procedure Order), authorizing certain payments in satisfaction of Construction Claims and ordering certain associated discharges and releases of liens and lien claims; b) confirming the barring of further claims by certain construction contractors; and c) the Monitor's comments and recommendations in connection with the foregoing.

Sixth Supplement to the Nineteenth Report of the Monitor	November 14, 2018
The purpose of this Sixth Supplement is to provide the Court with information on the Monitor's motion for approval of a sale transaction for the former Sears Canada full line store located at the Upper Canada Mall in Newmarket, Ontario and the Monitor's motion for authorization to pay the Liberty Termination Fee.

Fifth Supplement to the Nineteenth Report of the Monitor	August 31, 2018
The purpose of this Fifth Supplement is to provide the Court with updated information and the Monitor's comments and recommendations regarding the Sears Canada Group's motion for approval of a sale transaction for the former Sears Canada distribution centre and ancillary property located at 500 and 531 College Street East, Belleville, Ontario.

Fourth Supplement to the Nineteenth Report of the Monitor	August 17, 2018
The purpose of this Fourth Supplement is to provide the Court with updated informationand the Monitor's comments and recommendations regarding the Sears Canada Group's motion for approval of sale transactions for the former Sears Canada stores located at: (a) the site municipally known as 637 Lansdowne Street West, Peterborough, Ontario (b) the site municipally known as 3050 Howard Avenue, Windsor, Ontario; and (c) the site municipally known as 167 Malpeque Road, Charlottetown, Prince Edward Island.

Third Supplement to the Nineteenth Report of the Monitor	June 29, 2018
The purpose of this Third Supplement is to provide the Court with updated information and the Monitor's comments and recommendations regarding the Sears Canada Group's motion for approval of a sale transaction for the former Sears Canada store located at the site municipally known as 500 Wilfred Hamel Boulevard, Quebec City, Quebec.

Second Supplement to the Nineteenth Report of the Monitor	June 15, 2018
The purpose of this Second Supplement is to provide the Court with updated information and the Monitor's comments and recommendations regarding the Sears Canada Group's motion for approval of a sale transaction for the former Sears Canada store located at the shopping centre commonly referred to as Les Galeries Chagnon, Lévis, Quebec.

First Supplement to the Nineteenth Report of the Monitor	June 14, 2018
The purpose of this First Supplement is to provide the Court with updated information and the Monitor's comments and recommendations regarding the Sears Canada Group's motion for approval of a sale transaction for the former Sears Canada store located at the shopping centre commonly referred to as Les Rivières Shopping Centre, Trois Rivières, Quebec.

Nineteenth Report of the Monitor	June 01, 2018
The purpose of this nineteenth report of the Monitor (the "Nineteenth Report") is to provide the court with updated information, and where appropriate the Monitor's comments and recommendations, regarding the following: a) the steps being taken by the Sears Canada Group to market its Remaining Real Estate Assets; and b) the Sears Canada Group's motion for approval of a sale transaction for the former Sears Canada store located at the shopping centre commonly referred to as Place Vertu in St. Laurent, Quebec (the "Place Vertu Property").

Eighteenth Report of the Monitor	May 07, 2018
The purpose of this eighteenth report of the Monitor (the "Eighteenth Report") is to provide the court with information regarding: a) developments in the CCAA Proceedings since the date of the Monitor's Seventeenth Report to the Court dated April 11, 2018 (the "Seventeenth Report"); b) the Applicants' request for an order (the "Stay Extension Order") extending the Stay Period to July 31, 2018; c) the Applicants' request for an order (the "Mediation Order") approving an outline for the mediation of significant outstanding issues in these CCAA Proceedings; and d) The Monitor's comments and recommendations in connection with the foregoing.

Supplement to the Seventeenth Report of the Monitor Part 1 Part 2	April 11, 2018


Seventeenth Report of the Monitor	April 11, 2018
The purpose of this seventeenth report of the Monitor (the "Seventeenth Report") is to provide the court with information regarding: a) The current status of various matters in the CCAA Proceedings, including the activities of the Monitor and the Sears Canada Entities since the status and activities updates outlined in the Fourteenth Report of the Monitor dated March 1, 2018; b) The Monitor's request for an order (the "Interim Stay Extension Order") briefly extending the Stay Period by two weeks to May 11, 2018; c) The Monitor's request for an order (the "Second Fee Approval Order") approving the fees and disbursements of the Monitor and its counsel, Norton Rose Fulbright Canada LLP ("NRFC"), for the periods set out in the Fee Affidavits; and d) The Monitor's comments and recommendations in connection with the foregoing.

Sixteenth Report of the Monitor	April 02, 2018
The Sixteenth Report constitutes the Monitor's Intercompany Claims Report required by the Claims Procedure Order, and provides the Monitor's review of the Intercompany Claims, which are defined by the Claims Procedure Order as follows: "Intercompany Claim" means any Claim that may be asserted against any of the Sears Canada Entities by or on behalf of any of the Sears Canada Entities or any of their affiliated companies, partnerships, or other corporate entities (and for greater certainty, excluding any Claim that may be asserted against any of the Sears Canada Entities by or on behalf of Sears Holdings Corporation or any of its affiliated companies, partnerships or other corporate entities that are not Sears Canada Entities) and excluding any Monitor Claim.

Supplement to the Fifteenth Report of the Monitor Supplement to the Fifteenth Report of the Monitor	April 16, 2018

Fifteenth Report of the Monitor	March 12, 2018
The purpose of this Fifteenth Report is to provide the Court with additional information regarding the Monitor's motion for the return of certain Pre-Filing Tax Payments (as defined in the Supplement to the Monitor's Eleventh Report, dated January 21, 2018 (the "Supplement")) and regarding discussions with counsel to certain of the landlords of Sears Canada's premises regarding rent reconciliation matters described in the Supplement.

Fourteenth Report of the Monitor	March 1, 2018
The purpose of this Fourteenth Report is to provide the Court with information and the Monitor's recommendations on the proposed order to be sought in connection with the Litigation Trustee Motion (as defined below) that was the subject of the Monitor's Twelfth Report dated February 13, 2018 and on the Monitor's motion to extend the date for delivery of the Monitor's Intercompany Claims Report pursuant to the Claims Procedure Order, and to provide an update on other developments in the CCAA Proceedings.

Thirteenth Report of the Monitor	February 18, 2018
The purpose of this Thirteenth Report is to provide the Court with information regarding the Claims Process as well as the reasons for the Monitor's support for the proposed Employee and Retiree Claims Procedure Order (the "Proposed Order"). A draft copy of the "Proposed Order" sought by the Applicants can be found at Tab 3 of the Applicants' Motion Record available in the Motion Material section of the Monitors website.

Twelfth Report of the Monitor	February 13, 2018
The purpose of this twelfth report of the Monitor (the "Twelfth Report") is to provide the Court with information regarding a Motion by Pension Representative Counsel for the appointment of the Honourable Frank Newbould, Q.C. as Litigation Trustee for the benefit of the creditors of the Sears Canada Entities (the "Litigation Trustee Motion") and the Monitor's comments and recommendations in connection with this motion.

Supplement to the Eleventh Report of FTI Consulting Canada Inc., as court appointed Monitor Supplement to the Eleventh Report of the Monitor	January 21, 2018

Eleventh Report of the Monitor	January 15, 2018
The purpose of this eleventh report of the Monitor (the "Eleventh Report") is to provide the Court with information regarding: a) the activities of the Monitor and the Sears Canada Entities since December 6, 2017, the date of the last report of the Monitor regarding activities; b) the Applicants' request for an order (the "Stay Extension Order") extending the Stay Period to April 27, 2018; c) the Applicants' request to appoint the Honourable Dennis O'Connor as an additional Claims Officer for the purposes of the Claims Procedure Order; d) a motion by Remington Properties Inc. ("Remington"), the landlord at a former Sears Canada location in Calgary, Alberta, for an order providing advice and directions regarding certain realty tax payment obligations described in greater detail below; e) a motion for an order (the "Fee Approval Order") approving the fees and disbursements of the Monitor and its counsel, Norton Rose Fulbright Canada LLP ("NRF"), for the periods set out in the Fee Affidavits (as defined below); and f) the Monitor's comments and recommendations in connection with the foregoing.

Supplement to the Tenth Report of FTI Consulting Canada Inc., as court appointed Monitor Supplement to the Tenth Report of the Monitor	January 17, 2018

Tenth Report of the Monitor	January 11, 2018
The purpose of this tenth report of the Monitor (the "Tenth Report") is to provide the Court with information on the Monitor's motion for an Order, substantially in the form included in the Monitor's Motion Record (the "Restraining Order"): a) declaring that the plaintiffs (the "Tremblay Plaintiffs") in the class action Karine Tremblay v. Centre Hi-Fi Chicoutimi, et al. (Superior Court of Quebec File Number: 150-06-000010-173) (the "Tremblay Action") have failed to comply with and breached the Stay established by the Initial Order; and b) restraining and enjoining the Tremblay Plaintiffs and the plaintiffs in each of the following further class actions (the "Plaintiffs") styled as: (i) Luc Cantin and Francois Routhier v. Ameublements Tanguay Inc. et al. (Superior Court of Quebec File Number: 500-06-000709-143) (the "Cantin/Routhier Action"); (ii) Lise Ostiguy v. Sears Canada Inc. (Superior Court of Quebec File Number: 500-06-000537-106); and (iii) Jacques Fillion v. Corbeil Électrique Inc. (Superior Court of Quebec File Number: 500-06-000535-100) (collectively with the Tremblay Action and Cantin/Routhier Action, the "Warranty Class Actions") from taking any further step or action that would be in contravention of the Initial Order, the Stay ordered thereby, or any other Order of the Court; and (c) ordering that the Monitor is entitled to the costs of the motion for the Restraining Orders on a substantial indemnity basis.

Ninth Report of the Monitor	December 20, 2017
The purpose of this ninth report of the Monitor (the "Ninth Report") is to provide the Court with information and the Monitor's recommendations regarding the Applicants' request for an order (the "PRS Approval and Vesting Order") approving a transaction for the sale of Sears Canada's right, title and interest in: a) certain parts inventory and customer lists related to the Sears Canada major appliances protection agreement business; and b) certain internet protocol addresses, in each case pursuant to an asset purchase agreement (the "PRS APA") dated December 19, 2017 between Sears Canada, Buyers Group of Mississauga Inc. (the "PRS Purchaser"), as buyer, the Monitor, for the limited purpose of acting as escrow agent, and solely for the purposes of Section 7.1 and 12.1 of the PRS APA, Directbuy Home Improvements Inc., as parent, and vesting in the PRS Purchaser all of Sears Canada's right, title and interest in such assets free and clear of claims and encumbrances.

Supplement to the Eighth Report is to provide additional information to the Court on an additional motion by the Applicants. Supplement to the Eighth Report of the Monitor	December 07, 2017

Eighth Report of the Monitor	December 06, 2017
The purpose of the Eighth Report of the Monitor (the "Eighth Report") is to provide the Court with information regarding: a) the activities of the Monitor and the Sears Canada Entities since November 17, 2017, the date of the Seventh Report of the Monitor; b) the Applicants' request for an order (the "Claims Procedure Order"), among other things: i) approving a claims process (the "Claims Process") for the identification, determination and adjudication of claims of creditors against the Sears Canada Entities and their current and former officers and directors; ii) authorizing, directing and empowering the Monitor to take such actions as are contemplated by the proposed Claims Procedure Order; and iii) expanding the mandates of Pension Representative Counsel and Employee Representative Counsel; c) the Applicants' request for an order (the "Omnibus Approval and Vesting Order") authorizing the Applicants to complete sales of Residual Assets not exceeding $5 million in any one transaction without seeking further Court approval, and vesting those Residual Assets in the applicable purchaser free and clear of the claims and encumbrances against those assets; and d) the Monitor's comments and recommendations in connection with the foregoing.

Seventh Report of the Monitor	November 17, 2017
The purpose of the Seventh Report of the Monitor (the "Seventh Report") is to provide the Court with an update on the CCAA Proceedings and the Monitor's comments and recommendations regarding the Sears Canada Group's motions returnable November 21, 2017 (the "November 21 Motions") seeking approval of the assignment of certain contracts from Corbeil and SLH to the purchasers of their respective businesses pursuant to Section 11.3 of the CCAA and certain related orders.

Sixth Report of the Monitor	October 25, 2017
The purpose of the Sixth Report of the Monitor (the "Sixth Report") is to provide the Court with the Monitor's comments and recommendations, regarding the Sears Canada Group's motion returnable October 27, 2017 (the "October 27 Motion") seeking approval of an additional Property Sale Transaction, as well as distributions of the proceeds of such transaction to the DIP Term Lenders and payment of a Termination Fee.

Fifth Report of the Monitor	October 17, 2017
The purpose of the Fifth Report of the Monitor (the "Fifth Report") is to provide the Court with: a) information with respect to the Superintendent's decision to appoint Morneau Sheppell as replacement administrator in respect of Sears Canada's pension plan; and b) the Monitor's comments and recommendations regarding the Sears Canada Group's motion returnable October 17, 2017 (the "October 17 Motion") seeking to approve an amended key employee retention plan (the "Amended KERP") in respect of management and staff employees of Sears Canada whose services will be required by Sears Canada during, and in certain cases, following, the Second Liquidation Process.

Supplement to the Fourth Report is to provide additional information to the Court on an additional motion by the Applicants. Supplement to the Fourth Report of the Monitor	October 12, 2017

Fourth Report of the Monitor	October 11, 2017
The purpose of the Fourth Report of the Monitor is to provide the Court with (a) updated information, and (b) the Monitor's comments and recommendations, regarding the Sears Canada Group's motion returnable October 13, 2017 seeking: c) to approve the Second Liquidation Process and the Second Liquidation Agreement; and d) to approve an additional Lease Surrender Transaction.

Supplement to the Third Report of the Monitor is to provide an update to the Court on the status of the Seventh Amendments to the DIP Credit Agreements. Supplement to the Third Report of the Monitor	October 03, 2017

Third Report of the Monitor	October 02, 2017
The Monitor's Third Report is to inform the court of the following: a) the activities of the Sears Canada Group and the Monitor since the last report of the Monitor; b) an update on the Liquidation Process; c) the Sears Canada Group's liquidity position and future cash requirements, including the Sears Canada Group's receipts and disbursements for the period ending September 23, 2017 and the Sears Canada Group's revised cash flow forecast; d) the results of the SISP to date; e) an update on the going concern proposal put forward by Sears Canada's Chief Executive Officer; f) an update on the solicitation of liquidation proposals for the remaining stores of Sears Canada; g) the Sears Canada Group's motions for approval of various sale transactions identified and negotiated through the SISP (the "Sale Transactions") and certain distributions of proceeds of the Sale Transactions to the lenders under the DIP Term Credit Agreement (the "DIP Term Lenders") and the DIP ABL Credit Agreement (the "DIP ABL Lenders") (the DIP Term Credit Agreement together with the DIP ABL Credit Agreement, the "DIP Credit Agreements"); and h) the Sears Canada Group's request for an extension of the Stay Period (as defined in the Initial Order) to November 7, 2017.

Second Report of the Monitor	August 16, 2017
The Monitor's Second Report is to inform the court of the following: a) the activities of the Sears Canada Group and the Monitor since July 12, 2017, the date of the Monitor's First Report; b) the Liquidation Process; c) constructive trust claims raised since the commencement of the CCAA Proceedings; d) pension matters; e) class action matters; f) construction lien matters; g) the receipts and disbursements of the Sears Canada Group for the five-week period ended August 5, 2017; h) the Employee Representative Counsel's motion to establish a proposed Employee Hardship Fund (as such term is defined below); and i) the Sears Canada Group's motion requesting the approval and vesting order (the "AVO") contemplated in the asset purchase agreement dated April 12, 2017 (the "Original APA"), as amended by an amending agreement dated July 28, 2017 (the "Amendment", and together with the Original APA, the "APA") between Sears Canada and WCRE Investments Ltd. ("WCRE")[1], a company related to Hungerford Properties Inc., pursuant to which WCRE, will acquire real property owned by Sears Canada and located at the Garden City Shopping Centre in Winnipeg, Manitoba (the "Garden City Property"). The proposed AVO would also approve a distribution of proceeds of the sale to the lenders under the DIP Term Loan Agreement (the "DIP Term Lenders").

Supplement to the First Report of the Monitor filed to provide an update on resolution between the Applicants, the DIP Lenders, Representative Counsel, and PBGF regarding the Suspension Orders, the DIP Facility and the provisions of the Initial Order, subject to the approval of the Court. Supplement to the First Report of the Monitor	July 13, 2017

First Report of the Monitor	July 12, 2017
The Monitor's First Report is to inform the court of the following: a) the activities of the Sears Canada Group and the Monitor since the issuance of the Initial Order; b) the receipts and disbursements of the Sears Canada Group for the two-week period ended July 1, 2017; c) the Sears Canada Group's revised and extended cash flow forecasts for the period July 2, 2017 to October 7, 2017 (the "Revised Cash Flow Forecasts"); d) the Sears Canada Group's motion returnable July 13, 2017 (the "July 13 Motion") seeking: (i) to suspend Special Payments, Supplemental Plan Payments and PRB Plan Payments; (ii) to approve the Liquidation Process, the Agency Agreement and the Consultation Agreement; (iii) to approve the SISP; (iv) to approve the amendment and restatement of the Initial Order; and (v) to extend the Stay Period to October 4, 2017.

Pre-Filing Report of the Proposed Monitor (the "Pre-Filing Report") in respect to the Sears Canada Group's application seeking an order, inter alia, a stay of proceedings in respect of the Sears Canada Group	June 22, 2017
The Pre-Filing Report includes, inter alia: a) An overview of the Sears Canada Group's business and affairs, the events leading up to the CCAA proceedings and the Sears Canada Group's restructuring efforts to date; b) The proposed extension of the Stay of Proceedings to Sears Connect LP and other third parties and the Proposed Monitor's comments thereon; c) The Sears Canada Group's request for approval of a $300 million debtor-in-possession ("DIP") revolving credit facility (the "DIP ABL Facility") and a DIP term loan facility in an amount equal to the US dollar equivalent of $150 million (the "DIP Term Loan Facility", and together with the DIP ABL Facility, the "DIP Facility") d) The Sears Canada Group's consolidated cash flow projections to September 16, 2017; e) The Sears Canada Group's request for approval of the Administration Charge, the DIP Lenders' Charge, the Directors' Charge, the FA Charge and the KERP Charge, and the Proposed Monitor's comments thereon; and f) A discussion of the Sears Canada Group's intended next steps in the CCAA proceedings.

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