Page last updated: September 21, 2017
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NOTICE TO CLAIMANTS AND OTHERS IN RESPECT OF CLAIMS
IN THE MATTER OF THE CCAA PROCEEDINGS OF ALLARCO ENTERTAINMENT 2008 INC. and ALLARCO ENTERTAINMENT LIMITED PARTNERSHIP (the "Applicant").
PLEASE TAKE NOTICE that this Notice to Claimants is being published pursuant to an order of the Honourable Mr. Justice S. D. Hillier of the Court of Queen's Bench of Alberta, Judicial Centre of Edmonton, dated January 24, 2017 the "Claims Procedure Order"). All capitalized terms not otherwise defined in this Newspaper Notice to Claimants shall have the meaning set forth in the Claims Procedure Order, which is posted on the website of the Monitor at www.pwc.com/ca/allarco (the "Monitor's Website").
A Claims Package will be delivered to all Known Claimants and 2016 Disclaimer Claimants, and such Claims Package will set out the classification and value of such Known Claimant's Claim or value of its 2016 Disclaimer Claim as determined by the Applicant, in consultation with the Monitor.
If you are a Known Claimant and have received a Claims Package, and you do not dispute the classification or value of your Claim as set forth in the Claims Package, no further action is required.
Any other Person who believes he, she, or it has a Claim (other than an Excluded Claim or a 2017 Disclaimer Claim) against the Applicant, or the Applicant's Directors or Officers, shall submit a Proof of Claim form (which may be found on the Monitor's Website) to evidence such a Claim. Please note that any Claim relating to goods and services provided on or after the Filing Date is an Excluded Claim, other than amounts accruing after the date of issuance of any notice of disclaimer of any agreement between the Applicant and any Person.
Proof of Claim forms can also be obtained by contacting the Monitor at the address below, and providing particulars as to your name, address, facsimile number and e-mail address. Once the Monitor has this information, you will receive, as soon as practicable, a Proof of Claim form.
All Persons wishing to assert Claims, and all Known Claimants wishing to dispute the amount or ranking of their Claims and all 2016 Disclaimer Claimants, must submit their Proof of Claim forms by submitting them to the Applicant, care of the Monitor, no later than 5:00 P.M. (Edmonton Time) on March 17, 2017 (the "Claims Bar Date") by registered mail, personal delivery e-mail (in PDF format), courier or facsimile transmission, and all such Proof of Claim form must be actually received by the Monitor before the Claims Bar Date, at the following address:
PricewaterhouseCoopers Inc., Monitor
Allarco Entertainment 2008 Inc. and Allarco Entertainment Limited Partnership
Suite 1501, 10088 – 102 Avenue
Edmonton, Alberta T5J 3N5
Attention: Sean Fleming
Phone: (780) 441-6738
CLAIMS WHICH ARE NOT RECEIVED BY THE MONITOR BY THE CLAIMS BAR DATE WILL BE BARRED AND EXTINGUISHED FOREVER.
KNOWN CLAIMANTS WHO DO NOT DISPUTE THE AMOUNT OF THEIR CLAIMS BY THE CLAIMS BAR DATE WILL BE DEEMED TO HAVE ACCEPTED THE CLASSIFICATION AND AMOUNTS SET FORTH IN THE CLAIMS PACKAGE.
2016 DISCLAIMER CLAIMANTS WHO DO NOT COMPLETE AND RETURN A PROOF OF 2016 DISCLAIMER CLAIM BY THE CLAIMS BAR DATE, WILL HAVE THEIR 2016 DISCLAIMER CLAIMS DISALLOWED.
The publication of this Notice to Claimant, the solicitation of Proofs of Claim by the Monitor or the Applicant, and/or the sending of a Proof of Claim by a Claimant to the Monitor, does not grant any Claimant or any Person, standing in the CCAA Proceeding, or any rights under any Plan filed in respect of the Applicant, or its Directors or Officers.
On September 15, 2017, upon application of Allarco, the Court granted an order requiring parties wishing to challenge the secured claims of Peter Allard and Rosedale Meadows Developments Inc., to adhere to certain dates to file materials and bring an application. In addition, the Court set a claims bar date of October 6, 2017 in respect of the same.
On May 17, 2017, the Court granted an order extending the stay of proceedings to October 31, 2017.
On May 1, 2017, Allarco filed an application seeking approval for an extension of the stay of proceedings to October 31, 2017. The Motion will be heard on May 17, 2017. In addition, on May 5, 2017 the Monitor filed its Fourth Report to the Court.
On January 24, 2017, the Court granted an order approving the Claims Procedure sought by Allarco. In accordance with the Claims Process Order:
It is recommended that creditors review the Monitor's Third Report and the Claims Procedure Order for further details on the Claims Procedure.
In addition, on January 24, 2017 the Court also issued an order extending the stay of proceedings in this matter up to and including May 25, 2017.
On January 16, 2017, Allarco filed an application seeking approval of a claims process and an extension of the stay of proceedings to May 25, 2017. The Motion will be heard on January 24, 2017. In addition, on January 16, 2017 the Monitor filed its Third Report to the Court.
As noted in the Monitor’s Second Report, a number of program suppliers filed applications with the Court disputing the disclaimers issued by Allarco. The hearing in respect of these applications was originally scheduled for September 6 and 7, 2016 but subsequently adjourned to September 27, 2016. The Monitor advises that all parties withdrew their applications with the exception of Incendo Media Inc. Incendo sought, among other things, an order requiring Allarco to pay amounts due during the 30 day disclaimer period. On September 27, 2016, the Court rendered a decision from the bench dismissing Incendo’s application. The Monitor has posted the order and transcript of this decision in the Court Orders section of this website.
On September 7, 2016, the Court granted an order extending the stay of proceedings to February 2, 2017.
On August 26, 2016, Allarco filed an application seeking an extension of the stay of proceedings to February 2, 2017. The Motion will be heard on September 7, 2016. In addition, on August 30, 2016 the Monitor filed its Second Report to the Court.
On June 22, 2016, the Court granted an order extending the stay of proceedings to September 22, 2016.
On June 9, 2016, Allarco filed an application seeking an extension of the stay of proceedings to September 22, 2016. The Motion will be heard on June 22, 2016. In addition, on June 14, 2016 the Monitor filed its First Report to the Court.
On May 26, 2016, the Court of Queen’s Bench of Alberta granted an Order providing protection for Allarco Entertainment 2008 Inc.and Allarco Entertainment Limited Partnership (“Allarco” or the “Company”) under the Companies’ Creditors Arrangement Act (“CCAA”). PricewaterhouseCoopers Inc. was named as Monitor in the Order.