Page last updated: September 14, 2023
This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations.
On April 8, 2020 (the “Filing Date”), Green Relief Inc. (“Green Relief”, or the “Company”) applied for an order (the “Initial Order”) from the Ontario Superior Court of Justice (Commercial List) (the “Court”) authorizing the Applicant’s restructuring proceedings commenced under Part III of the Bankruptcy and Insolvency Act, R.S.C. 1985 c. B-3 (as amended) (the “BIA”) be taken up and continued under the Companies’ Creditors Arrangement Act, R.S.C.1985, c.C-36, as amended (“CCAA”). The Initial Order was issued by the Court on April 9, 2020, effective as of April 8, 2020 The Initial Order was amended on April 17, 2020 (the “Amended and Restated Initial Order”). The Amended and Restated Initial Order includes among other things, a stay of proceedings against the Company, and the appointment of PricewaterhouseCoopers Inc., LIT as monitor of Green Relief (“PwC” or the “Monitor”).
The Amended and Restated Initial Order also, among other things:
Notice of the NOI proceedings were sent to all known creditors of the Company on March 17, 2020 by the Proposal Trustee, as a result, in accordance with the Initial Order, a notice will not be sent to creditors pursuant to section 23 (1)(ii)(b) of the CCAA.
On May 1, 2023 (the “Date of Bankruptcy”), 12463873 Canada Inc. (the “Company”) was assigned into bankruptcy for the general benefit of creditors pursuant to the provisions of the Bankruptcy and Insolvency Act (“BIA”) and PricewaterhouseCoopers Inc., LIT (“PwC”) was appointed as Licensed Insolvency Trustee, of the estates of 12463873 Canada Inc. (the “Trustee”).
Pursuant to the provisions of the BIA, on May 2, 2023 a notice of the bankruptcy and the first meeting of creditors with the statement of affairs and the proof of claim and proxy forms (the “Notice”) was sent by the Trustee to all known creditors of the Company. The Notice is available at the bottom of this page.
The first virtual meeting of creditors (the “Meeting”) of the bankrupt will be held on May 15, 2023, at 10:00 am (EST), via Google Meet. To join the Meeting please follow a link below:
Attendees will be asked to sign in or identify themselves at the Meeting.
To be entitled to vote at the Meeting, a creditor must lodge with the Trustee, before the Meeting, a proof of claim and, where necessary, a proxy.
On March 29, 2023, the Court issued the CCAA Termination Order which, among other things:
On March 21, 2023, the Monitor filed its motion for an order (the “CCAA Termination Order”) to, among other things,
On the same date, the Monitor filed its Thirteenth Report with the Court (the “Thirteenth Report”) to provide the Court with the information on:
The motion will be heard on March 29, 2023.
On May 1, 2022, the Monitor filed its Twelfth Report with the Court to provide the Court with the information on:
On September 27, 2021, the Court issued the Stay Extension Order which, among other things:
1. Extended the Stay Period from September 30, 2021 up to and including March 31, 2023. The Monitor has agreed to provide a report to the service list on the FY21 Earn-Out under the Share Purchase Agreement and an update on the vetting of secured claims on or before April 30, 2021;
2. Approved the Tenth Report, the Supplemental Report, the Second Supplemental Report, the Eleventh Report and the activities of the Monitor as set out in these reports; and
3. Approved the fees and disbursements of the Monitor and its legal counsel as set out in the Eleventh Report
On September 20, 2021, the Applicant filed its motion with the Court for an order (the “Stay Extension Order”) to, among other things:
On the same date the Monitor filed its Eleventh Report with the Court to provide the Court with the information on, among other things:
The motion will be heard on September 27, 2021.
On September 3, 2021, the Court issued the HST Refund Order and an endorsement of the Honourable Mr. Justice Koehnen determining that ResidualCo was entitled to the 2020 HST Refunds in the amount of $456,529.92, which included the amount previously paid by CRA to the Monitor as well as the amount attributable to the period of the 4th quarter of 2020 prior to the closing of the Transaction, which had previously been paid by CRA to Green Relief.
On July 2, 2021, the Monitor filed a second supplement to the Tenth Report with the Court in support of its Notice of Motion dated March 24, 2021.
On April 14, the Monitor filed a supplement to the Tenth Report (the “Supplement to the Tenth Report”) with the Court in reply to the affidavit of Angus Footman sworn April 7, 2021 (the “Footman Affidavit”).
On March 24, 2021, the Monitor file its motion for an order (the “HST Refund Order”) to, among other things:
The date for the motion is to be set.
On the same date, the Monitor filed its Tenth Report with the Court (the “Tenth Report”) to provide the Court with information concerning:
On February 18, 2021, the Court issued the Stay Extension Order which, among other things:
On February 11, 2021, the Applicant filed its motion with the Court for an order (the “Stay Extension Order”) to, among other things:
On the same date the Monitor filed its Ninth Report with the Court to provide the Court with the information on, among other things:
The motion will be heard on February 18, 2021.
On November 9, 2020, the Court issued the Approval and Vesting Order which among other things
On November 4, 2020, the Court issued the Stay Extension Order which, among other things,
On October 19, 2020, the Monitor filed its Eighth Report (the “Eighth Report”) with the Court to provide the Court with the information concerning:
The motion will be heard on November 2, 2020.
On April 17, 2020, the Court issued the Amended and Restated Initial Order, among other things:
On October 15, 2020, the Applicant filed a motion with the Court for an
The motion will be heard on November 2, 2020.
On September 24, 2020, the Court issued the RVO Term Sheet and 265 DIP Term Sheet Approval Order which, among other things:
On September 22, 2020, the Applicant filed its motion with the Court for an order (“the RVO Term Sheet and 265 DIP Term Sheet Approval Order”) to, among other things,
On the same date the Monitor filed its Seventh Report (the “Seventh Report”) with the Court to provide the Court with the information concerning:
The motion will be heard on September 24, 2020.
On September 17, 2020, the Court issued the Stay Extension Order, extending the Stay Period up to and including September 24, 2020.
On September 15, 2020, the Monitor filed its Sixth Report (the “Sixth Report”) with the Court to provide the Court with information regarding:
1. The activities of the Monitor since the Supplemental Fourth Report;
2. The Monitor’s comments on the plan of compromise and arrangement (“SWI Plan”), dated September 8, 2020 and submitted by Safe Workplace Solutions Inc. (“SWI”),
3. The Monitor’s comments on the 265 Term Sheet (as defined in the Sixth Report);
4. The Monitor’s comments on the DIP facility made available to the Company by SWI;
5. The Monitor’s comments on the DIP facility made available to the Company by 265;
6. The Monitor’s comments on the 265 Plan (as defined in the Sixth Report);
7. The Monitor’s conclusion regarding the SWI Plan and 265 Term Sheet (together the “Proposals”);
8. The Monitor’s conclusions regarding the SWI DIP Term Sheet and the 265 DIP Term Sheet (as defined in the Sixth Report);
9. The Company’s actual and forecast cash flows for the period of August 22, 2020 to September 4, 2020, including an analysis of significant variances from forecast cash flows; and
10. The Company’s cash flow forecast for the period from September 5, 2020 up to and including December 4, 2020 (the “Second September Cash Flow Forecast”).
On September 3, 2020, the Court issued the Stay Extension order extending the Stay Period up to and including September 17, 2020.
On September 1, 2020, the Applicant filed a motion for an order (the “Stay Extension Order”) to extend the Stay Period from September 3, 2020, up and to including September 17, 2020.
On the same date, the Monitor filed its Fifth Report (the “Fifth Report”) with the Court to provide the Court with the information on the following, among other things:
The motion will be heard on September 3, 2020.
On August 13, 2020, the Court issued an order (the “Stay Extension and Increased Administration Charge Order”) which among other things:
On August 11, 2002, the Monitor filed its Fourth Report (the “Fourth Report”) with the Court to provide the Court with the information concerning:
The motion will be heard on August 13, 2020.
On July 31, 2020, the Applicant filed a motion with the Court for
An order (the “Claims Procedure Order”), among other things, establishing a claims process (the “Claims Process”) for the identification, quantification, and resolution of all claims against the Applicant and its directors and officers; and
An order (the “Declaratory Order”) declaring, among other things that:
The Applicant shall be entitled to finalize, file, and present its plan of compromise and arrangement dated July 31, 2020 (the “Plan”) for consideration at a meeting of the Affected Creditors (as defined in the Plan); and
No alternative to the Plan, including the plan of compromise or arrangement drafted by 265 shall be presented to the creditors of the Applicant for consideration unless and until the Plan is considered and voted on by the Affected Creditors of the Applicant and the required majorities thereof do not vote in favour of the Plan; and
An order (the “Stay Extension & DIP Approval Order”), among other things
Approving the term sheet (the “DIP Term Sheet”) entered into between the Applicant and Safe Workplace Solutions Inc. (the “Plan Sponsor”) dated July 31, 2020, pursuant to which the Plan Sponsor agrees to lend the maximum principal amount of $2,500,000 (the “Plan Sponsor DIP Facility”) to the Applicant, subject to the terms and conditions described therein;
Extending the Stay Period from August 13, 2020, up to and including November 6, 2020; and
Approving the Monitor’s Fourth Report, to be filed (the “Fourth Report”), and the activities set out therein.
The motion will be heard on August 13, 2020.
On July 16, 2020, the Court issued an order (the “Stay Extension and Scheduling Order”) which, among other things,
a. the Applicant shall deliver its motion record in respect of the Applicant's Motion on July 31, 2020;
b. 265 and any other responding party, shall deliver responding materials to the Applicant’s motion record on August 7, 2020;
c. the Applicant, and any other responding party, shall deliver responding materials to the 265 Motion on August 7, 2020;
d. the Monitor shall deliver its Fourth Report on August 10, 2020; and
e. the Applicant, 265, and any other party responding to either of the August 13 Motions, shall simultaneously deliver their facta at 12:00pm (ET) on August 12, 2020.
On June 17, 2020, the Court issued the Stay Extension, Amended and Restated Second Bridge DIP Term Sheet Order which, among other things:
On the same day, the Court issued an Order (the “Payout Order”), which among other things directed the Monitor to remit the Held Amounts (as defined in the Payout Order) to the City of Hamilton within 15 calendar days of receipt of the Held Amount from the Court.
On June 15, 2020, the Monitor filed its third report (the “Third Report”) with the Court to provide the Court with information on:
On June 12, 2020, the Company filed a motion for an order (the “Stay Extension, Amended and Restated Second Bridge DIP Term Sheet Order”), to among other things:
The motion will be heard on June 17, 2020.
On May 8, 2020, the Court issued the Stay Extension, DIP Term Sheet Approval, Sealing Order which, among other things:
Also, on May 8, 2020 the Court issued an order, retroactive to April 17, 2020 (the “Corporate Governance, Leases and Rescom Commitment Order”) which, among other things declared and ordered that:
On May 4, 2020, the Monitor filed its Second Report (the “Second Report”) with the Court to provide the Court with information on:
The motion will be heard on May 8, 2020.
On May 1, 2020, the Company filed a motion for an order (the “Stay Extension, DIP Term Sheet Approval, Sealing Order”), to among other things:
Motion will be heard on May 8, 2020.
On April 17, 2020, the Court issued the Amended and Restated Initial Order, among other things:
On April 16, 2020, the Monitor filed its First Report (the “First Report”) with the Court to provide the Court with information on:
The motion will be heard on April 17, 2020.
On April 15, 2020, the Company filed a motion for an order (the “Amended and Restated Initial Order”) to, among other things:
The motion will he heard on April 17, 2020.