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CanadaBis - Motion Materials
The following motion materials have been filed in the proceedings:
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 Bench Brief - Amended and Restated Initial Order
Book of Authorities
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April 22, 2026 |
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Application - Amended and Restated Initial Order |
April 21, 2026 |
Application for an Amended and Restated Initial Order (the "ARIO"), amending and restating the Initial Order (the "Initial Order") granted by the Honourable Justice Armstrong in the within proceeding on April 17, 2026, that, among other things:
- abridges the time for service of this Application and declares that it is properly returnable on the day heard, if necessary, and dispenses with further service of this Application to any other party, other than to those listed on the Service List attached as Schedule "A";
- extends the stay of proceedings granted in respect of the Applicants and their directors and officers up to and including June 11, 2026;
- authorizes the Applicants to pay reasonable expenses incurred by them in operating their business in the ordinary course, including making payment of obligations owing in respect of goods and services supplied to the Applicants prior to the date of the Initial Order by critical vendors to the extent required to ensure ongoing supply of critical goods and services, subject to prior approval by the Monitor, up to a maximum aggregate amount of $290,000;
- increases the quantum of the following charges against the Property: the "Administration Charge" up to the maximum amount of $375,000; and the "D&O Charge" up to the maximum amount of $2,900,000;
- elevates the priority of the Administration Charge and D&O Charge ahead of all other security interests, trusts, liens, charges and encumbrances, and claims of secured creditors, statutory or otherwise in favour of any person ("Encumbrances");
- authorizes the Applicants to file a plan of compromise or arrangement;
- prohibits any person from setting off any amounts that: (i) are or may become due to the Applicants in respect of obligations arising prior to the date of the Initial Order with any amounts that are or may become due from the Applicants in respect of obligations arising on or after the date of the Initial Order; or (b) are or may become due from the Applicants in respect of obligations arising prior to the date of the Initial Order with any amounts that are or may become due to the Applicants in respect of obligations arising on or after the date of the Initial Order, without the consent of the Applicants and the Monitor or further Order of this Court; and
- such other relief as may be required to advance the Applicants' restructuring efforts.
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Originating Application
Bench Brief of the Applicants
Affidavit of Travis McIntyre
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April 17, 2026 |
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