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 January 4, 2011, on the application of G.E. Canada Equipment Financing G.P. (“GE”), an Order was granted by the Ontario Superior Court of Justice (Commercial List) (the “Court”), pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c.B-3, as amended (the “BIA”) and section 101 of the Courts of Justice Act, R.S.O. 1990, c.C-43, that appointed PricewaterhouseCoopers Inc. as receiver (the "Receiver") of all of the assets, undertakings and properties (the “Property”) of Atikokan Forest Products Ltd. (“Atikokan” or the “Company”). On the same day, the Court authorized the Receiver to carry out and conduct a sales process in respect of all of the Property of Atikokan.
In accordance with the provisions of the BIA, a Notice and Statement of the Receiver was issued to all known creditors of the Company on January 14, 2011.
|Notice and Statement of the Receiver dated January 14, 2011|
|Blank Proof of Claim Form|
Financial Services Commission of Ontario has appointed Mackenzie Financial Corporation (“Mackenzie”) to be the Administrator of the Pension Plan for the Employees of Atikokan Forest Products Ltd. for the Mackenzie Financial Corporation Defined Contribution Pension Plan effective April 21, 2011. For further information, please contact Mackenzie’s Groups & Pension Department directly at 1-800-665-0513.
On May 29, 2013, the Court issued an order approving the Transaction.
On May 16, 2013, the Receiver filed its Eighth Report to Court to update the Court with respect to:
A motion will be heard on May 29, 2013.
On July 10, 2012, the Court granted an Order approving (i) the Sixth and Seventh Reports of the Receiver; (ii) the distribution of $3,000 to Buchanan Sales Inc. In full satisfaction of Buchanan Sales’ secured interest in the rolling stock; (iii) the distribution of $640,000 from the monies remaining to G.E. Canada Equipment Financing G.P. (“GE”); (iv) the fees and disbursements of the Receiver and Receiver’s Counsel; (v) distribution of the remaining funds to GE; and (6) discharge of the Receiver.
On June 28, 2012, the Receiver filed its Seventh Report to update the Court with respect to:
A motion will be heard on July 10, 2012.
On Tuesday, September 27th to Wednesday, September 28, 2011, Maynards Industries Ltd. will have an auction at the Atikokan site at Highway 623 Sapawa Road, Sapawa, Ontario. Further details can be found on Maynards’ website at http://www.maynards.com/auctions/industrial/auction_details?eventId=AAKPW100688.
On August 11, 2011, the Court granted an order (i) approving the Agency Sale Agreement between the Receiver and Maynards Industries Ltd. relating to the liquidation of the Atikokan Property; and (ii) extending the deadline for finalizing an APA in the Atikokan Sale Process, as described in paragraph 12 (k) of the Receiver’s Report dated December 30, 2010 to July 22, 2011, nunc pro tunc.
On August 11, 2011, the Receiver prepared its Sixth Report to advise and update the Court with respect to (i) a meeting held on August 10, 2911, among the Receiver, the Town of Atikokan and its consultants and legal counsel, EACOM Timber Corporation and the Rainy Lake Tribal Council, to understand what efforts the Town and other had with respect to determining whether an ‘en bloc’ sale of the Atikokan Property is currently available; (ii) to summarize the Receiver’s earlier efforts to determine whether a wood supply, acceptable to EACOM, as the then purchaser, was available to the Receiver or EACOM on the terms and conditions set out in the EACOM Transaction; and (iii) the unfavourable impact of delaying the sale of the Atikokan Property pursuant to the Agency Sale Agreement.
On July 27, 2011, the Receiver prepared its Fifth Report to advise and update the Court with respect to: (i) the status of the Atikokan Sale Process; (ii) the termination of the EACOM Transaction; (iii) the activities undertaken by the Receiver; (iv) the outcome of the SFL Motion; (v) the results of the review of the security granted by Atikokan in favour of its secured creditors; (and (vi) to seek an Order (a) extending the Atikokan Sale Process timeline for finalizing and executing an agreement with the successful bidder up to and including July 22, 2011, nunc pro tunc; (b) approving the Agency Sale Agreement between the Receiver and Maynards Industries relating to the liquidation of the Atikokan Property; (c) increasing the Receiver’s borrowing limit to $425,000; and (d) approving the Reports and activities of the Receiver as described in the Reports.
On August 3, 2011, a motion was heard and an Order approved for the above matters, except (i) approval of the Agency Sale Agreement between the Receiver and Maynards; and (ii) extension of the Atikokan Sale Process timeline, which were adjourned to August 11, 2011.
On May 2, 2011, the Receiver prepared its Third Report to update the Court on the status of the Atikokan Sale Process and to: (i) provide the Court with a summary of the transaction entered into on April 20, 2011, between the Receiver and EACOM Timber Corporation; (ii) summarize discussions the Receiver has engaged in an attempt to determining sources for obtaining the Wood Allocation; (iii) advise the Court of the notice the Receiver provided to the Ministry of Northern Development, Mines and Forestry’s (the “MNDMF”) counsel on April 27, 2011, pursuant to the endorsement of the Honourable Mr. Justice Morawetz made on April 19, 2011; (iv) update the Court on the status of discussions between GE and the MNDMF and Mister Dennis Brown, the mayor of Atikokan, and the MNDMF; and, (v) set out the Receiver’s activities with respect to the development of a plan for carrying out Atikokan’s duties and obligations in maintaining the Sapawe Forest pursuant to the Sustainable Forest License.
On April 18, 2011, the Receiver prepared its Second Report to update the Court on the status of the Atikokan Sale Process and to recommend that the Court grant an adjournment of the SFL Motion until the Atikokan Sale Process is complete and the Receiver, the Successful Bidder and/or GE have had an opportunity to make representations before the Minister in connection with the Wood Allocation and make an Order, temporarily sealing Confidential Appendix A until such time as a transaction for the sale of the Atikokan Property is closed. An order was granted on April 19, 2011.
For more information, please contact: Sara de Verneuil, Telephone: +1 416 941 8383 ext. 14374, Fax: +1 416 814 3219, or via Email.