DAVIDsTEA Inc. and DAVIDsTEA (USA) Inc.

CCAA

^{Page last updated: December 14, 2021}

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.

Status of file as of December 14, 2021

On December 14, 2021, the Court issued an order terminating the receivership and discharging the Receiver.

We refer you to the motion dated December 1, 2021 and the order dated December 14, 2021 for more details.

Status of file as of November 3, 2021

On November 3, 2021, the U.S. Court issued a order approving the entry of a final decree ending the CCAA proceedings under Chapter 15 of the United States Bankruptcy Code.

We refer you to the order dated November 3, 2021 for more details.

Status of file as of September 9, 2021

On September 9, 2021, the Monitor has issued a Termination Certificate which certifies that all the matters to be attended to in connection with the CCAA proceedings have been completed and that these CCAA proceedings shall be terminated, as set forth in section 24 of the Plan Sanction Order.

We refer you to the certificate dated September 9, 2021 for more details.

Status of file as of June 18, 2021

On June 18, 2021, the Monitor has issued a Certificate of Implementation which certifies that all the conditions precedent to the implementation of the Plan, as set forth in section 7.2 of the Plan, have been fulfilled or waived by the Debtors.

We refer you to the certificate dated June 18, 2021 for more details.

Status of file as of June 16, 2021

On June 11, 2021, following the Creditors' Meeting at which the creditors unanimously voted in favour of the Plan, the Debtors filed a motion with the Superior Court of Quebec (the “Court”) asking that the Plan be sanctioned. On June 2021, the Court issued an order sanctioning the Plan (the “Sanction Order”).

For more details, we refer you to the motion dated June 11, 2021 and the Sanction Order dated June 16, 2021.

Furthermore, on June 16, 2021, the U.S. Court issued an order recognizing and enforcing the Sanction Order of the Canadian Court dated June 16, 2021

For more details, we refer you to the motion dated June 1, 2021 and the Order dated June 16, 2021.

Status of file as of May 7, 2021

On May 7, 2021, following the filing of a motion by the Debtors, the Superior Court of Quebec (the “Court”) rendered the two following orders:

• An order authorizing the Applicants to file a Plan of Compromise and Arrangement (the “Plan”) under the CCAA and to call and conduct a meeting of creditors for the purposes of voting on the Plan;
• An order extending the Stay Period until July 16, 2021.

We refer you to the Orders dated May 7, 2021 for more details.

Notices to creditors, including the Monitor’s Report on the Plan, will be sent to creditors and posted on the Monitor’s website by no later than May 12, 2021.

Status of file as of March 19, 2021

On March 19, 2021, following the filing of a motion by the Debtors, the Superior Court of Quebec rendered the two following orders:

• The Order Extending the Stay of Proceedings extending the Stay of Proceedings and the application of the Initial Order until June 4, 2021. We refer you to the Order dated March 19, 2021 for more details
• The Order Regarding Certain Specified Canadian Employees’ Claims declaring them deemed received by the Monitor before the Claims Bar Date. We refer you to the Order dated March 19, 2021 for more details.

Status of file as of December 15, 2020

On December 15, 2020, following the filing of a motion by the Debtors, the Superior Court of Quebec rendered the two following orders:

• The Order (I) Extending the Stay of Proceedings (II) Approving a Key Employee Retention Plan (“KERP”) and (III) Creating a KERP Charge extending the Stay of Proceedings and the application of the Initial Order until March 19, 2021 as well as Approving of the retention plan for certain key employees ("KERP") and a priority charge on assets for the KERP. We refer you to the order dated December 15, 2020 for more details;
• The Order Extending the Claims Bar Date for Specified Canadian Employees and to Admit Certain Proofs of Claim extending until December 31, 2020 the Claims Bar Date for specified Canadian employees as well as declaring certain proofs of claim deemed received by the Monitor before the Claims Bar Date. We refer you to the Order dated December 15, 2020 for more details.

Status of file as of September 22, 2020 

On September 17, 2020, following the filing of a motion by the Debtors, the Superior Court of Quebec rendered the two following orders: 

• The Extension Order extending the Stay of Proceedings and the application of the Initial Order until December 15, 2020. We refer you to the Order dated September 17, 2020 for more details; 
• The Claim Process Order establishing a procedure to identify, adjudicate and bar claims against the Debtors and their Officers and Directors. As stated in the order, that any Proof of Claim must be filed with, and received by the Monitor by no later than 5:00 p.m. (Montréal time) on November 6, 2020 (the “Claims Bar Date”). We refer you to the Claim Process Order dated September 17, 2020 and to the documents in the section “Claims Process” for more details.

Status of file as of July 16, 2020 

Pursuant the motion filed by DAVIDsTEA Inc. and DAVIDsTEA (USA) Inc. (the "Debtors") on July 7, 2020, the Superior Court of Québec granted the motion and issued an amended and restated Initial Order on July 16, 2020 which provides, among other things, for a stay of all proceedings until September 17, 2020 inclusive. Also, PricewaterhouseCoopers Inc., in its capacity as monitor of the Debtors, was appointed Receiver of the Debtors' assets by another order dated July 16, 2020.

We refer you to the Initial Order (Amended & Restated) dated July 16, 2020 and the Order Appointing a Receiver for further details.

Status of file as of July 9, 2020 

On July 8, 2020, the Monitor applied for the recognition of the CCAA Proceedings in the United States by filing a petition under Chapter 15 of the United States Bankruptcy Code (the “Chapter 15 Proceedings”) before the United States Bankruptcy Court for the District of Delaware (the “U.S. Court”) and on July 9,  2020, the U.S. Court entered an order provisionally enforcing the Initial Order in the United States pending a hearing on the merits of recognition on August 5, 2020. 

We refer you to the orders dated July 9, 2020 for more information.

Status of file as of July 8, 2020 

DAVIDsTEA Inc. filed a petition under the Companies’ Creditors Arrangement Act (“CCAA”). The Superior Court of Québec granted the petition and issued an Initial Order pursuant to the CCAA on July 8, 2020. The Debtor is now under the protection of the CCAA and the Initial Order provides for an initial stay of all proceedings until July 17, 2020 inclusively and appoints PricewaterhouseCoopers as monitor of the business and financial affairs of the Debtor. 

We refer you to the order dated July 8, 2020 for more information.