Hickman Equipment (1985) Limited (herein referred to as the "Company" or "Hickman")

Court Orders and Related Documents

Site last updated: February 28, 2014

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UPON THE DIRECTION OF MR. JUSTICE HALL, THE RECEIVER WILL NOT BE PARTICIPATING IN THE ON-GOING INTERLOCUTORY APPLICATIONS CONCERNING ISSUES OF PRIORITY AMONG THE VARIOUS INTERESTED PARTIES, UNLESS DIRECTED OTHERWISE BY THE COURT. AS A RESULT, THE RECEIVER WILL CONTINUE TO UPDATE THIS WEBSITE WITH MATERIALS IT RECEIVES, BUT NEITHER IT NOR ITS COUNSEL WILL BE REVIEWING ANY OF THE MATERIALS SO POSTED. USERS ARE THEREFORE CAUTIONED THAT THE RECEIVER AND ITS COUNSEL ASSUME NO RESPONSIBILITY FOR THE ACCURACY OF THESE SUBMISSIONS AND USERS WHO RELY UPON THEM DO SO AT THEIR OWN RISK.

Court Sub file Index
Discharge of PricewaterhouseCoopers Inc. as Receiver and Trustee of Hickman, affidavit of Greg Gosse, filed with court january 8, 2014
Court sub file index by Judge Hall [updated and reposted Mar 27/03]

7:03 John Deere Ltd. application for return of consigned goods
Court Order Re. Application of John Deere Limited for Return of Consigned Goods, dated June 17, 2002

7:05 Wells Fargo application for proceeds
Notice of the Abandonment of the Appeal, filed January 26, 2004 [posted Feb 2/04]
Memorandum of Authorities of John Deere Limited in support of Reply Memorandum of Fact and Law of John Deere Limited to Interlocutory Application (Inter Partes) of Wells Fargo Equipment Finance Company, dated February 7, 2003 [posted Mar 7/03]
Reply Memorandum of Fact and Law of John Deere Limited to Interlocutory Application (Inter Partes) of Wells Fargo Equipment Finance Company, dated February 7, 2003 [posted Mar 7/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume II), dated February 7, 2003 [posted Mar 3/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume I), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Douglas Dicker, dated February 7, 2003 [posted Mar 3/03]
Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. in Respect of the Security Interest Claimed by GMAC, dated February 7, 2003 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDL), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDCI), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume II), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume I), dated February 7, 2003 [posted Mar 3/03]
Letter from Stewart McKelvy Stirling Scales re court documents for posting on the Web site, dated February 7, 2003 [posted Feb 12/03]
Written Submission of Wells Fargo Equipment Finance Company re Scheduling, dated February 6, 2003 [posted Feb 7/03]
Wells Fargo Equipment Finance Company application for return of leased equipment and responses of opposing parties, dated February 5, 2003 [posted Feb 7/03]
Wells Fargo Notice of Appeal, dated January 13, 2003 [posted Jan 23/03]
Wells Fargo appeal, dated January 3, 2003 [posted Jan 17/03]
Wells Fargo court decision, dated January 3, 2003 [posted Jan 6/03]
Adjournment re. Wells Fargo, dated July 25, 2002
Adjournment re. Wells Fargo, dated July 25, 2002
Order in respect of John Deere Ltd. application for continuance, dated July 5, 2002

7:06 Order authorizing sale of Fabtek Equipment
Order re Fabtek, dated December 16, 2002 [re-posted Jan 14/03]
Court Order rejecting Fabtek claim to assets, filed December 17, 2002

7:09 Order granted to Gillis Truckways under Section 81.1(1)
Formal order in accordance with oral decision of Mr. Justice Hall , dated June 13, 2002 [posted Mar 22/04]

7:18 Order in respect to John Deere Ltd. application for continuance
Order in respect of John Deere Ltd. application for continuance, dated July 5, 2002

7:19 Application by Receiver
Court Order authorizing method of sale for various assets. [posted Feb 24/03]
Court application relating to the realization of remaining assets excepting parts.

7:20 GMAC application for proceeds of sales
Court Order for Distribution of proceeds to GMAC, filed on November 29, 2002 [re-posted Mar 20/03]
Second affidavit Re. Levy for GMAC Application, dated
November 15, 2002
Affidavit Re. Levy for GMAC Application, dated October 25, 2002
Affidavit Re. GMAC Application, dated October 25, 2002
Draft Order Re. GMAC Application, dated October 16, 2002
GMAC Application, dated October 16, 2002

7:21 GMAC application for Terex Trucks
Notice of Abandonment of Appeal, filed June 28, 2007 [posted Jul 9/07]
Seeking Order to extend deemed abandonment date, dated March 23, 2004 [posted Mar 26/04]
Application by GMAC for payment of proceeds, dated October 16, 2003 [posted Oct 20/03]
Objection to forgoing transcripts, dated May 13, 2003 [posted May 15/03]
Appeal Book, dated May 5, 2003 [posted May 9/03]
Applications to dispense with transcripts for appeal, filed April 23, 2003 [posted May 15/03]
Notice of Appeal, filed March 3, 2003 [posted Mar4/03]
Court Decision, dated February 20, 2003 [posted Feb 24/03]
CIT affidavits, dated December 20, 2002
GMAC Application for Proceeds from Sale of Four Terex Trucks, dated November 21, 2002

7:22 Order Lifting Stay of Proceedings
Statement of claim, filed July 22, 2004. [posted Oct 8/04]
Order lifting Stay of Proceedings and permitting Hollett to issue statement of claim against bankruptcy, filed March 29, 2004. [posted Apr 27/04]
AF Hollett Statements of Claim endorsed for service, dated October 20, 2003 (posted Oct 28, 2003)
AF Hollett Court Order to lift Stay of Proceedings, filed December 16, 2002

7:23 Receiver's Application relating to Final Determinations
Court Order approving 14 Final Determinations, filed February 6, 2003. [posted Feb 7/03]
Court application for the approval of Final Determinations [posted Jan 9/03]
Affidavit of Kirby, dated December 6, 2002 [posted Jan 9/03]
Supplementary affidavit of Kirby , dated December 11, 2002 [posted Jan 9/03]
Second supplementary affidavit of Kirby , dated December 13, 2002 [posted Jan 9/03]

7:24 ABN-AMRO Leasing Application for Proceeds
Supplementary Reply Memorandum of Fact and Law of CIBC, dated April 3, 2003 [posted Apr 10/03]
Proposed merger of applications re ABN-AMRO, dated March 21, 2003 [posted Mar 25/03]
Memorandum of Fact and Law of CIBC, dated March 20, 2003 [posted Mar 21/03]
Affidavit of Douglas A. Dicker, dated February 7, 2003 [posted Mar 7/03]
Reply Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. to the Interlocutory Application (Inter Partes) of ABN-AMRO Bank N.V., Canada Branch, dated February 7, 2003 [posted Mar 7/03]
Affidavit of Gary C. Bishop, dated February 7, 2003 [posted Mar 4/03]
Reply of Hickman Motors Limited to the Interlocutory Application (Inter Partes) of AAL Dated December 5, 2002, dated February 7, 2003 [posted Mar 4/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume II), dated February 7, 2003 [posted Mar 3/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume I), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Douglas Dicker, dated February 7, 2003 [posted Mar 3/03]
Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. in Respect of the Security Interest Claimed by GMAC, dated February 7, 2003 [posted Mar 3/03]
Reply of GMAC to an application by ABN-AMRO Leasing for determination of its priority and entitlement and an order for the Receiver to pay the proceeds from sale of assets, dated February 6, 2003 [posted Mar 13/03]
Affidavit of David R. Bugaresti, dated February 6, 2003 [posted Mar 7/03]
Affidavit of Ernest G. Reid, Q.C. (JDL), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDCI), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume II), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume I), dated February 7, 2003 [posted Mar 3/03]
Notice of Objection in response to the Application of ABN-AMRO Bank N.V., Canada Branch., dated February 7, 2003 [posted Feb 17/03]
Letter from Stewart McKelvy Stirling Scales re court documents for posting on the Web site, dated February 7, 2003 [posted Feb 12/03]
Letter from French, Dunne & Associates re Notices of Objections, dated February 7, 2003 [posted Feb 12/03]
Notice of Objection by Bombardier to ABN-AMRO Leasing, dated February 3, 2003 [posted Mar 7/03]
Application from ABN-AMRO Leasing [posted Jan 14/03]
  • Interlocutory Application
  • Notice
  • Affidavit of David Trimms

7:25 John Deere Credit Inc. Application for Proceeds
TD Asset Finance Memorandum of Fact & Law, dated April 4, 2003 [posted Apr 7/03]
Proposed merger of applications re ABN-AMRO, dated March 21, 2003 [posted Mar 25/03]
CIBC reply memorandum of fact and law, dated March 20, 2003 [posted Apr 4/03]
Affidavit of David R. Bugaresti, dated February 8, 2003 [posted Mar 7/03]
Memorandum of Fact and law of John Deer Credit Inc. in respect of its Interlocutory Applications (inter Partes) for payment to John Deere Credit Inc., dated February 8, 2003 [posted Mar 7/03]
Affidavit of Jennifer Lee, dated February 7, 2003 [posted Mar 4/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume II), dated February 7, 2003 [posted Mar 3/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume I), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Douglas Dicker, dated February 7, 2003 [posted Mar 3/03]
Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. in Respect of the Security Interest Claimed by GMAC, dated February 7, 2003 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDL), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDCI), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume II), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume I), dated February 7, 2003 [posted Mar 3/03]
Notice of Objection of Canadian Imperial Bank of Commerce to the Interlocutory Application by John Deere Credit Inc. dated February 7, 2003 [posted Feb 17/03]
  • Notice of Objection
  • Affidavit of Jennifer Lee
  • Demand Debenture
  • Affidavit of Hubert Hunt
  • Exhibits A to I
Letter from Stewart McKelvy Stirling Scales re court documents for posting on the Web site, dated February 7, 2003 [posted Feb 12/03]
Application from John Deere Credit Inc. [posted Jan 14/03]
  • Interlocutory Application
  • Schedule A
  • Notice
  • Affidavit of David R. Bugaresti
  • Exhibit A
  • Final Determination
  • Schedule A and B

7:26 John Deere Limited Application for Proceeds
Proposed merger of applications re ABN-AMRO, dated March 21, 2003 [posted Mar 25/03]
Affidavit of Douglas A. Dicker, dated February 7, 2003 [posted Mar 7/03]
Memorandum of Fact and Law of John Deere Limited in respect of its Interlocutory Application (Inter Partes) for payment to John Deere Limited , dated February 7, 2003 [posted Mar 7/03]
Notice of Objection by CIBC to JDL, dated February 7, 2003 [posted Mar 4/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume II), dated February 7, 2003 [posted Mar 3/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume I), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Douglas Dicker, dated February 7, 2003 [posted Mar 3/03]
Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. in Respect of the Security Interest Claimed by GMAC, dated February 7, 2003 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDL), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDCI), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume II), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume I), dated February 7, 2003 [posted Mar 3/03]
Notice of Objection in response to the Application of John Deere Ltd., dated February 7, 2003 [posted Feb 17/03]
Response of TD Asset Finance Corp to the Application of John Deere Limited, dated February 7, 2003 [posted Feb 11/03]
Letter from Stewart McKelvy Stirling Scales re court documents for posting on the Web site, dated February 7, 2003 [posted Feb 12/03]
Written Submission of Wells Fargo Equipment Finance Company re Scheduling, dated February 6, 2003 [posted Feb 7/03]
Wells Fargo Equipment Finance Company application for return of leased equipment and responses of opposing parties, dated February 5, 2003 [posted Feb 7/03]
Application from John Deere Limited [re-posted Jan 22/03]
  • Interlocutory Application
  • Schedule A
  • Affidavit of Douglas Dicker
  • Final Determination

7:27 Royal Bank of Canada Application for Proceeds
Reply Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. to the Interlocutory Application (Inter Partes) of Royal Bank of Canada, dated February 7, 2003 [posted Mar 14/03]
Reply Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. to the Interlocutory Application (Inter Partes) of Royal Bank of Canada, dated February 7, 2003 [posted Mar 7/03]
Affidavit of Douglas A. Dicker, dated February 7, 2003 [posted Mar 7/03]
Notice of Objection by CIBC to RBC, dated February 7, 2003 [posted Mar 4/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume II), dated February 7, 2003 [posted Mar 3/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume I), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Douglas Dicker, dated February 7, 2003 [posted Mar 3/03]
Memorandum of Fact and Law of John Deere Limited and John Deere Credit Inc. in Respect of the Security Interest Claimed by GMAC, dated February 7, 2003 [posted Mar 3/03]
Reply of GMAC to an Application by Royal Bank of Canada for determination of its priority and entitlement and an order for the Receiver to pay the proceeds from sale of assets, dated February 6, 2003 [posted Mar 14/03]
Affidavit of Ernest G. Reid, Q.C. (JDL), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDCI), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume II), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume I), dated February 7, 2003 [posted Mar 3/03]
Notice of Objection in response to the Application of Caterpillar Financial Services Ltd., dated February 7, 2003 [posted Feb 17/03]
Letter from Stewart McKelvy Stirling Scales re court documents for posting on the Web site, dated February 7, 2003 [posted Feb 12/03]
Application from Royal Bank of Canada [posted Jan 14/03]
  • Interlocutory Application
  • Notice
  • Affidavit of Ross Backman

7:28 Application by PricewaterhouseCoopers as Receiver for approval of sale plan respecting remaining parts inventory
Reply of GMAC to an Application by CIBC appealing the Trustee's Final Determination re CIBC, dated February 7, 2003 [posted Mar 13/03]
Memorandum of Fact and law of John Deere Limited and John Deere Credit Inc., dated February 7, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDL), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Ernest G. Reid, Q.C. (JDCI), dated October 16, 2002 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume II), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume I), dated February 7, 2003 [posted Mar 3/03]
Reply of GMAC to an application by CIBC appealing the Trustee's Final Determination, dated February 7, 2003 [posted Feb 11/03]
  • Reply of GMAC
  • Affidavit of Thomas Kendell
Written Submission of Wells Fargo Equipment Finance Company re Scheduling, dated February 6, 2003 [posted Feb 7/03]
Wells Fargo Equipment Finance Company application for return of leased equipment and responses of opposing parties, dated February 5, 2003 [posted Feb 7/03]
Approval of sale of remaining parts inventory, dated February 4, 2003 [posted Feb 7/03]
Approval of sale of remaining parts inventory [posted Jan 24/03]
  • Interlocutory Application
  • Notice
  • Order on Interlocutory Application
  • Affidavit of James Kirby
  • Listing of parts identified in Hickman Equipment (1985) Ltd. reports as "John Deere Parts"

7:28A CIBC application appealing final determination
Appeal of decision relating to Trustee's Final Determination, filed April 14, 2003 [posted Apr 22/03]
Order to expand file 7:28A and 7:36 to including transitioning issue, filed April 7, 2003 [posted Apr 10/03]
Decision related to Appeals of CIBC Final Determination, dated April 4, 2003 [posted Apr 15 /03]
Affidavit of Gail Y. Murrin, dated February 6, 2003 [posted Mar 4/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume II), dated February 7, 2003 [posted Mar 3/03]
Memorandum of Authorities of John Deere Limited and John Deere Credit Inc. (Volume I), dated February 7, 2003 [posted Mar 3/03]
Affidavit of Bruce C. Grant (Volume III), dated February 7, 2003 [posted Mar 3/03]