Tahera Diamond Corporation

CCAA Filing Information

Page last updated: January 23, 2009

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 December 12, 2008, the Court issued an order (the "Substitution Order") substituting A. Farber & Partners Inc. ("Farber") as monitor in the place of PricewaterhouseCoopers Inc. (the "Former Monitor"). Please refer to the website of Farber for details of the CCAA Proceedings after December 12, 2008: Farber Financial Group

Status of File as at December 18, 2008

On December 18, 2008, the Ontario Superior Court of Justice granted an Order (the "Substitution Order") that (i) permitting the Company to cease operations at its Jericho mine in order to allow the Intervention by the Department of Indian and Northern Affairs Canada (as defined in the Monitor's Ninth Report); (ii) substituting A. Farber & Partners Inc. ("Farber") as monitor in the place of PricewaterhouseCoopers Inc. ("PwC") as monitor of the Applicants and discharging PwC of all of its existing and future powers, duties, responsibilities and obligations pursuant to the CCAA proceedings; and (iii) appointing 2192640 Ontario Inc. as Chief Restructuring Officer (the "CRO") in the CCAA proceedings, for a limited purpose as detailed in the Substitution Order; (iv) authorizing the Applicants and the CRO to retain Champco Capital Corp. as advisor; (v) terminating the agreement between Tahera Diamond Corporation and Blair Franklin dated February 28, 2008; and (vi) extending the Stay Period to January 23, 2009.
[Dec 11, 2008]
On December 10, 2008, the Monitor prepared its ninth report (the "Ninth Report") to the Court to inform the Court of (i) the Company's receipts and disbursements for the period from November 23, 2008 to December 6, 2008; (ii) the Company's cash flow forecast for the period from December 7, 2008 to April 30, 2009; (iii) the Company's remaining Cash Reserves; (iv) the status of the Intervention (as defined in the Ninth Report) by Department of Indian and Northern Affairs Canada with respect to the Jericho mine; (v) the Company's activities subsequent to the November 28 Order in respect of the wind down of its operations; and (iv) to provide the Monitor's comments and recommendations in respect of the Company's motion for an Order: (a) permitting the Company to abandon the Jericho Mine in order to allow the Intervention to occur; and (b) extending the Stay Period to March 31, 2009. This motion is to be heard on December 12, 2008.
[Dec 1, 2008]
On November 28, 2008, the Court granted an Order that extened the Stay Period to December 12, 2008 and authorized and directed the Monitor to suspend indefinitely the Claims Procedure.
[Nov 27, 2008]
On November 26, 2008, the Monitor prepared its Eighth Report to the Court to inform the Court of (i) the Company's receipts and disbursements for the period September 7, 2008 to November 22, 2008; (ii) the Company's remaining Cash Reserves; (iii) the termination of the Plan Sponsorship Agreement and the Company's consequent inability to complete a plan of arrangement under the CCAA Proceedings; (iv) the status of the Company's Claims Procedure; (v) the Company's recent discussions with the Department of Indian and Northern Affairs Canada with respect to the Company's Jericho mine site; and (vi) the assignment of secured debt owing to Laurelton Diamonds Inc. (together with Tiffany & Co.) secured debt to Caz Petroleum Inc.

On November 28, 2008, the Company will make a motion for an order extending the Stay Period to December 12, 2008 and an order authorizing and approving the suspension of the Claims Procedure.
[Nov 14, 2008]
Tahera Diamond Corporation issued a press release on November 3, 2008, identifying that the Plan Sponsor has given the Company notice that the Plan Sponsor's conditions were not satisfied by October 31, 2008 between the Company and the Plan Sponsor and, accordingly, the Plan Sponsorship Agreement was terminated effective October 31, 2008. At the current time, Tahera is continuing to re-assess all strategic alternatives available to the Company.

In light of the termination of the Plan Sponsorship Agreement, the Monitor will be holding the Claims Process in abeyance and will not be adjudicating the claims at the current time. The Monitor intends to return to Court to seek further advice and direction of the Court at a later point.
[Oct 3, 2008]
On October 1, 2008, the Ontario Superior Court of Justice granted an Order amending and restating the Order made as of September 29, 2008 (the "Claims Procedure Order") that (i) extended the Stay Period to November 28, 2008; (ii) appointed Peter Gillin as Chief Restructuring Officer of the Applicants; (iii) approved the Addendum to the Executive Management Incentive Plan; (iv) approved the Plan Sponsorship Agreement; (v) approved the Claims Procedure for the submission, evaluation and adjudication of claims against the Applicants or the existing or former directors or officers of either of the Applicants ; and (vi) authorized the Monitor to administer the Claims Procedure.

The Claims procedure was established to determine the value of creditors' claims for the purposes of voting and distribution on the Applicants' plan of compromise or arrangement (the "Plan") to be filed by the Applicants with the Court.

Your claim may have been automatically allowed by the Monitor. On October 1, 2008, the Monitor has mailed notices of claim to those creditors with deemed claim amounts to advise them as to the amount of their Deemed Claim (as defined in the Claims Procedure Order). Unless your claim is a Deemed Claim, any person with a claim against or related to the Applicants must file a Proof of Claim together with supporting documents with the Monitor no later than 5 pm (Toronto Time) on October 21, 2008 (the "Claims Bar Date").

If you believe that you have a claim against the Applicants and you have not received a Notice of Claim from the Monitor, you should file a Proof of Claim (in the form attach). The Proof of Claim must be delivered to, and received by the Monitor by the Claims Bar Date. Claims which are not received by the Claims Bar Date will be extinguished and forever barred and the holder of such Claims will not be entitled to vote upon or receive distributions under the Plan.

If you believe that you have a D&O Claim against any of the existing or former directors or officers of either of the Applicants, you must file a D&O Proof of Claim with the Monitor by no later than 5:00 pm Toronto Time on the Claims Bar Date, failing which such D&O Claim will be extinguished and forever barred.
[Sept 30, 2008]
On September 29, 2008, the Ontario Superior Court of Justice granted an Order (the "Claims Procedure Order") that (i) extended the Stay Period to November 28, 2008; (ii) appointed Peter Gillin as Chief Restructuring Officer of the Applicants; (iii) approved the Addendum to the Executive Management Incentive Plan; (iv) approved the Plan Sponsorship Agreement; (v) approved the Claims Procedure for the submission, evaluation and adjudication of claims against the Applicants; and (vi) authorized the Monitor to administer the Claims Procedure.

The Claims procedure was established to determine the value of creditors' claims against the Applicant for the purposes of voting and distribution on a plan of compromise or arrangement (the "Plan") to be filed by the Applicants with the Court.

Your claim may have been automatically allowed by the Monitor. On October 1, 2008, the Monitor will be mailing notices of claim to those creditors with deemed claim amounts to advise them as to the amount of their Deemed Claim (as defined in the Claims Procedure Order). Unless your claim is a Deemed Claim, any person with a claim against or related to the Applicants must file a Proof of Claim together with supporting documents with the Monitor no later than 5 pm (Toronto Time) on October 21, 2008 (the "Claims Bar Date").

If you believe that you have a claim against the Applicants and you have not received a Notice of Claim from the Monitor, you should file a Proof of Claim (in the form attach). The Proof of Claim must be delivered to, and received by the Monitor by the Claims Bar Date. Claims which are not received by the Claims Bar Date will be barred and extinguished forever and the holder of such Claims will not be entitled to vote upon or receive distributions under the Plan.
[Sept 29, 2008]
On September 26, 2008, the Monitor completed its Seventh Report to the Court to inform the Court of (i) the Company's receipts and disbursements for the period February 24 to September 6, 2008; (ii) the Company's revised cash flow forecast for the period September 7, 2008 to December 31, 2008; (iii) the current status of the Marketing Process; and (iv) the Monitor's comments and recommendations in respect of the Company's motion seeking an Order approving the plan sponsorship as of September 26, 2008, approving the Claims Procedure, approving the appointment of Mr. Peter Gillin as Chief Restructuring Officer, approving an addendum to the Executive Management Incentive Plan and extending the Stay Period to November 30, 2008.
[Jul 3, 2008]
On July 2, 2008, the Monitor completed its Sixth Report to the Court. The purpose of the report is to provide the Monitor's comments and recommendations with respect to the calculation of the "Half Net Proceeds" as defined in the Order of the Honourable Mister Justice Spence made March 19, 2008.
[Jun 27, 2008]
On June 26, 2008, the Ontario Court of Justice ("the Court") granted an order (i) extending the Stay Period until September 30, 2008; (ii) approving an escrow agreement (the "Escrow Agreement") among Tahera, the Monitor, Tiffany & Co. and Laurelton Diamonds Inc.; (iii) confirming that the entry into the Escrow Agreement by the Monitor does not prevent it from acting as receiver or trustee of the Applicants; (iv) to extend the time for calling the annual meeting of shareholders of the Applicants until a date that is no later than 6 months after the date of implementation of a plan of arrangement or compromise in the CCAA proceedings; and, (v) approving the activities of the Monitor as disclosed in the Monitor's Fifth Report dated June 20, 2008.
[Jun 23, 2008]
On June 26, 2008, the Applicants, Tahera Diamond Corporation and Benachee Resources Inc. (collectively "Tahera"), will make a motion before the Ontario Superior Court of Justice for an order (i) extending the Stay Period until September 30, 2008; (ii) approving an escrow agreement (the "Escrow Agreement") among Tahera, the Monitor, Tiffany & Co. and Laurelton Diamonds Inc.; (iii) confirming that the entry into the Escrow Agreement by the Monitor does not prevent it from acting as receiver or trustee of the Applicants; (iv) to extend the time for calling the annual meeting of shareholders of the Applicants until a date that is no later than 6 months after the date of implementation of a plan of arrangement or compromise in the CCAA proceedings; and, (v) approving the activities of the Monitor as disclosed in the Monitor's Fifth Report dated June 20, 2008.
On March 20, 2008, Ontario Superior Court of Justice ("the Court") granted an Order (the "March 20 Order") approving: a) the Third Report to the Court dated March 12, 2008; b) the Additional Incentive Plan as defined in the Third Report; c) the engagement and compensation of Blair Franklin Capital Partners Inc. ("Blair Franklin") as lead advisor; and amending paragraph 33 of the Initial Order to provide that the Administration Charge be expanded in scope and quantum to secure the agreed-upon fees and expenses of Blair Franklin.

On March 20, 2008, Ontario Superior Court of Justice ("the Court") granted an Order (the "March 20 DNNI Order") dealing with inter alia the removal and sale of ammonium nitrate prill and related explosives accessories.

On March 20, 2008, Ontario Superior Court of Justice ("the Court") granted an Order (the "March 20 Diavik Order") directing inter alia that one half of any net proceeds received by Tahera from the sale of diamonds after the date of this March 20 Diavik Order (collectively, the "Half Net Proceeds") shall stand in the place and stead of the corresponding ore or diamonds and that any person that is entitled to claim a lien under the Miners Lien Act R.S.N.W.T, c. M-12 (the "Lien Act") may assert a claim against the Half Net Proceeds. The Court further ordered that Diavik and BHP shall have leave to commence a lien action in Nunavut and seek a certificate of lis pendens on notice to all affected parties including Tahera, Laurelton Diamonds Inc. and the Monitor.
[Feb 22, 2008]
On February 22, 2008, Ontario Superior Court of Justice ("the Court") granted an order (the "February 22 Order") approving the Marketing Process and the Executive Management Incentive Plan, as described in the Monitor's First Report. The Court also ordered that the Order dated January 16, 2008 (the "Initial Order") be modified by deleting paragraph 22 thereof and replacing it with the language contained in paragraph 3 of the February 22 Order.
[Feb 20, 2008]
On February 20, 2008, the Ontario Superior Court of Justice ("the Court") granted an order (the "February 20 Order") that Nuna Logistics Limited ("Nuna") shall continue to support Tahera's processing and crushing operations by supplying equipment and personnel ("Processing Support") in accordance with terms set forth in Schedules A and B to the February 20 Order. The Court also ordered that, notwithstanding the terms of the Initial Order of the Honorable Mr. Justice Spence, Nuna shall have the right to terminate Processing Support and demobilize the equipment listed in Schedule A to the February 20 Order in the event that Nuna, acting reasonably and taking into the account the condition of the 2008 Winter Road, believes its ability to complete demobilization while the Winter Road is operational, may be in jeopardy.

The Company's Motion for the approval of the Marketing Process and of the Executive Management Incentive Plan were adjourned to February 22, 2008.
[Feb 11, 2008]
On February 11, 2008, the Ontario Court of Justice ("the Court") granted an extension of the stay of proceedings until June 30, 2008 and approved the Processing Incentive Plan as described in the Monitor's First Report. The further extension of the stay is necessary to allow for a process for the refinancing of the Company or the sale of its business assets.

The Company's Motion for the approval of the Marketing Process and of the Executive Management Incentive Plan, together with the Cross Motion of Nuna Logistics Limited were adjourned to February 20, 2008.
[Feb 8, 2008]
On February 7, 2008, a Notice of Motion returnable February 11, 2008 was filed by Tahera Diamond Corporation and Benachee Resources Inc ("Tahera" or "the Company") for an Order extending the Stay Period to June 30, 2008 in order to allow for a process for the refinancing of the Company or the sale of its business and assets. The Company is also seeking the approval of the Court for employee incentive plans for mine site employees and certain key members of the executive management team. Notice materials and the Monitor's First Report filed in connection with the notice can be found below.
[Jan 16, 2008]
On January 16, 2008, Tahera Diamond Corporation ("the Company") made an application under the Companies' Creditors Arrangement Act ("CCAA") and an Order was granted by the Honourable Mr. Justice Spence of the Ontario Superior Court of Justice (the "CCAA Order") providing, among other things, a stay of proceedings against the Companies. PricewaterhouseCoopers Inc was appointed as monitor ("the Monitor").

As set out in the affidavit signed by Andrew Gottwald ("the Gottwald Affidavit"), the Company is seeking additional financing and currently intends to carry on its primary business operations and to deal with its assets in a manner consistent with the preservation of its property and business. (Refer to filing material attached below for the Gottwald Affidavit.)

This Web site will be updated as information becomes available.

Monitor's Reports:

320 KB Monitor's Tenth Report, dated January 15, 2009.
320 KB Monitor's Ninth Report, dated December 10, 2008.
320 KB Monitor’s Eighth Report, dated November 26, 2008.
320 KB Monitor's Seventh Report, dated September 26, 2008.
320 KB Monitor's Sixth Report, dated July 2, 2008, to provide comments and recommendations with respect to the calculation of the "Half Net Proceeds".
320 KB Monitor's Fifth Report, dated June 20, 2008, filed to inform the Court of the Marketing Process, the Escrow Agreement and seeking an extension of the time for calling of the Company's annual meeting of shareholders.
320 KB Monitor's Fourth Report, dated May 12, 2008, filed to inform the Court with respect to the cessation of the Company's processing operations and the status of the Marketing Process.
320 KB Monitor's Third Report, dated March 12, 2008, filed to inform the court of (i) the Company's receipts and disbursements for the period February 10 to 23, 2008; (ii) the Company's results of processing operations; (iii) the Company's revised cash flow forecast to December 31, 2008; and/or to provide the Monitor's comments and recommendations in respect of the Company's motion seeking approval of: (i) additional employee incentive arrangements; and (ii) the engagement of Blair Franklin Capital Partners Inc.
320 KB Monitor's Second Report, dated February 19, 2008, filed to provide (i) a revised cash flow forecast to December 31, 2008; (ii) background in respect of the cross-motion brought by Dyno Nobel Nunanvut Inc.; and (iii) a preliminary analysis of the potential benefits of the continuation of processing operations at the Jericho Mine.
320 KB Monitor's First Report, dated February 7, 2008, filed to inform the court of (i) the Company's receipts and disbursements to February 2, 2008; (ii) the Company's revised and extended cash flow forecast to December 31, 2008; (iii) claims that have been filed against the Company pursuant to the Nunavut Miners Lien Act; and to seek approval for (iv) a process for refinancing the Company or the sale of its business and assets; (v) employee incentive plans for mine site employees and certain key members of the executive management team; and (vi) extending the Stay Period to June 30, 2008.


Claims Procedure:

320 KB Amended and Restated Claims Procedure Order dated October 1, 2008, made as of September 29, 2008.
320 KB Claims Order Endorsement of Justice Pepall, dated October 1, 2008.
320 KB Instruction Letter
320 KB D&O Proof of Claim
320 KB Claims Procedure Order, dated September 29, 2008.
320 KB Claims Order Endorsement of Justice Pepall, dated September 29, 2008.
320 KB Notice to Creditors and Others
320 KB Proof of Claim
320 KB Notice of Dispute


Court Orders:

320 KB Order, dated January 23, 2009.
320 KB Endorsement & unofficial transcript, dated January 23, 2009.
320 KB Order, dated December 12, 2008 (the “Substituting Order�).
320 KB Endorsement of Justice Morawetz, dated December 12, 2008.
320 KB Order, dated November 28, 2008.
320 KB Amended and Restated Claims Procedure Order, dated October 1, 2008, made as of September 29, 2008.
320 KB Claims Order Endorsement of Justice Pepall, dated October 1, 2008.
320 KB Order of Justice Pepall, dated September 29, 2008.
320 KB Endorsement of Justice Pepall, dated September 29, 2008.
320 KB BHP Billiton diamonds Inc. & Diavik Diamond Mines Inc. Order, dated July 18, 2008.
320 KB Endorsement of Judge Wilton Siegel, July 18, 2008.
320 KB Order, June 26, 2008 (i) extending the Stay Period until September 30, 2008; (ii) approving an escrow agreement; (iii) confirming that the entry into the Escrow Agreement by the Monitor does not prevent it from acting as receiver or trustee of the Applicants; (iv) to extend the time for calling the annual meeting of shareholders of the Applicants; and, (v) approving the activities of the Monitor.
320 KB Court Order, March 19, 2008, approving a) the activities of the Monitor; b) the additional incentive plan, as described in the Monitor's Third report; c) the engagement of Blair Franklin Capital Partners Inc. and amending paragraph 33 of the Initial Order.
320 KB Handwritten Endorsement, March 19, 2008.
320 KB Court Order, March 19, 2008, directing inter alia that a) one half of any net proceeds received by Tahera from the sale of diamonds after the date of this March 20 Diavik Order (collectively, the "Half Net Proceeds") shall stand in the place and stead of the corresponding ore or diamonds; b) that any person that is entitled to claim a lien under the Miners Lien Act R.S.N.W.T, c. M-12 (the "Lien Act") may assert a claim against the Half Net Proceeds; and c) that Diavik and BHP shall have leave to commence a lien action in Nunavut and seek a certificate of lis pendens on notice to all affected parties including Tahera, Laurelton Diamonds Inc. and the Monitor.
320 KB Handwritten Endorsement, March 19, 2008.
320 KB Court Order, March 19, 2008, dealing with inter alia the removal and sale of ammonium nitrate prill and related explosive accessories.
320 KB Handwritten Endorsement, March 19, 2008.
320 KB Court Order, March 4, 2008, approving the sale of the loader to Tahera from JDS Energy and Mining Inc ("JDS").
320 KB Handwritten Endorsement, March 4, 2008.
320 KB Handwritten Endorsement, March 3, 2008.
320 KB Court Order, February 22, 2008, approving the Marketing Process and the Executive Management Incentive Plans, as described in the First Report and modifying the Initial Court Order replacing paragraph 22.
320 KB Handwritten Endorsement, February 22, 2008.
320 KB Court Order, February 20, 2008, ordering Nuna Logistics Limited to support Tahera's processing and crushing operations and providing Nuna a right to terminate Processing Support and demobilize, provided specific conditions are met.
320 KB Handwritten Endorsement, February 20, 2008.
320 KB Unofficial transcripts of the Endorsement of Madame Justice Pepall, February 12, 2008.
320 KB Court Order, February 11, 2008, extending the Stay of the proceedings to June 30, 2008 and approving the First Report of the Monitor and the Processing Incentive Plans, as described in the First Report.
320 KB Handwritten Endorsement, February 11, 2008.
320 KB Initial Order, dated January 16, 2008.


Motion Materials:

320 KB Notice of Motion (returnable January 23, 2009)
320 KB Notice of Motion (returnable December 12, 2008)
320 KB Notice of Motion (returnable November 28, 2008)
320 KB Notice of Motion (returnable September 29, 2008)
320 KB Notice to Appear by Telephone August 20, 2008, application by Diavik Diamond Mines Inc.
320 KB Notice of Motion by BHP Billiton Diamonds Inc. and Diavik Diamond Mines Inc. (returnable July 4, 2008).
320 KB Responding Motion Record of Applicant (returnable July 4, 2008), response to motion of BHP Billiton Diamonds Inc. and Diavik Diamonds Inc.
320 KB Notice of Motion (returnable June 26, 2008) to request an order extending the Stay Period, approving an escrow agreement, extending the time for call the annual meeting of shareholders and approving the activities of the Monitor.
320 KB Cross- Motion of Dyno Nobel Nunavut, dated March 19, 2008, directing the Applicants to compensate Dyno for bulk explosives consumed by the Applicant subsequent to the Initial Order and to lift the Stay of Proceedings and grant leave to permit Dyno the right to recover possession of its trucks located at the Jericho Mine site.
320 KB Affidavit of Debbie Wizaney, Dyno Nobel Nunavut Inc., dated March 18, 2008.
320 KB Factum of BHP Billiton Inc. and Diavik Diamond Mines Inc. (Returnable March 19, 2008), in support of its Cross-Motion in which it seeks an order, inter alia, directing the Applicants to deposit with the Monitor one half (1/2) of the sale proceeds from the sale of any minersals, ore, diamonds, or other output, from the Jericho Mine.
320 KB Supplementary Notice of Motion (Returnable March 19, 2008), directing a) Dyno Nobel Nunavut Inc. ("Dyno") to remove the ammonium nitrate prill; b) Dyno to comply with the remainder of paragraph 4 of the order of Justice Pepall dated February 20, 2008 and amending paragraph 1 of the order of Justice Pepall dated February 20, 2008.
320 KB Supplementary Affidavit of Peter Gillin, sworn March 17, 2008.
320 KB Exhibits A to N referred to in the Affidavit of Peter Gillin, sworn March 17, 2008.
320 KB Cross Motion of BHP Billiton Diamonds Inc. and Diavik Diamond Mines Inc., dated March 14, 2008.
320 KB Affidavit of Greg Jackson, sworn on March 14, 2008.
320 KB Notice of Motion (Returnable March 19, 2008), for approving (i) the Third Report to the Court; (ii) the "Additional Incentive Plan" as described in the Third Report; (iii) the engagement of Blair Franklin Capital Partners Inc. and for amending paragraph 33 of the Initial Order.
320 KB Statement of Position of Applicants, dated February 19, 2008.
320 KB Affidavit of Pam Alloway, Nuna Logistics Limited, dated February 19, 2008.
320 KB Affidavit of Andrew D. M. Gottwald, sworn February 19, 2008.
320 KB Exhibits A - S referred to in the affidavit of Andrew D. M. Gottwald, February 19, 2008.
320 KB Cross Motion of Dyno Nobel Nunavut Inc., dated February 15, 2008.
320 KB Affidavit of Debbie Wizaney, Dyno Nobel Nunavut Inc., dated February 10, 2008 and February 14, 2008.
320 KB Cross Motion Record of Nuna Logistics Limited, dated February 8, 2008.
320 KB Notice of Motion, dated February 7, 2008, for approving (i) the First Report to the Court; (ii) the proposed "Marketing process"; (iii) the "Processing Incentive Plan"; (iv) the Executive Management Incentive Plan and extending the stay of proceedings to June 30, 2008.
320 KB Notice of Application, dated January 16, 2008.
320 KB Affidavit of Andrew D. M. Gottwald, sworn January 15, 2008.
320 KB Exhibits A - H referred to in the affidavit of Andrew D. M. Gottwald, dated January 15, 2008.


Service List:

320 KB Service List, as at February 21, 2008.
320 KB Service List, as at February 15, 2008.
320 KB Service List, as at February 7, 2008.


Statutory Notices:

320 KB Notice to Creditors, dated January 16, 2008.


Press Releases:

320 KB Tahera Diamond Corporation announces update on Plan Sponsorship Agreement, dated November 3, 2008.
320 KB Tahera Diamond Corporation announces late filing of financial statements and provides update, dated March 20, 2008.
320 KB Tahera Diamond Corporation receives extension to CCAA stay period, dated February 11, 2008.
320 KB Tahera announces suspension of mining, dated January 23, 2008.
320 KB Tahera obtains CCAA protection, dated January 16, 2008.
320 KB Tahera announces intent to seek CCAA protection, dated January 16, 2008.


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