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 9, 2014, pursuant to an order (the “Receivership Order”) of the Ontario Superior Court of Justice (Commercial List) (the “Court”), PricewaterhouseCoopers Inc. (“PwC”) was appointed as receiver (the “Receiver”), without security, of all of the assets, undertakings and properties (the “Property”) of SHS Services Management Inc./Gestion Des Services SHS Inc. and SHS Services Limited Partnership (collectively “SHS” or the “Companies”) acquired for, or used in relation to a business carried on by the Companies, pursuant to section 243 (1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”). These proceedings are referred to as the “Receivership Proceedings”.
Earlier, on December 13, 2013, pursuant to an order (the “Appointment Order”) of the Court, PwC was appointed as interim receiver and receiver (the “Interim Receiver”), without security, of all of the Property of SHS acquired for, or used in relation to a business carried on by the Companies, pursuant to section 47 of the BIA) and section 101 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended. These proceedings are referred to as the “Interim Receivership Proceedings". Pursuant to the Receivership Order, the Interim Receivership Proceedings were continued as Receivership Proceedings.
The Receivership Order was granted pursuant to the application made by Sears Canada Inc. The Appointment Order was granted pursuant to an application made by SHS.
In accordance with the provisions of the BIA, a Notice and Statement of the Interim Receiver was mailed to all known creditors of the SHS on December 20, 2013.Please refer to the question and answer section of this website (the “Q&A”) for further information, which may assist you at this time with any questions you have with respect to the receivership proceedings.
If you are a customer of SHS, please be advised that the Receiver is not calling customers and asking for credit card information. Please be vigilant when giving your personal information over the phone and do not provide your credit card information to anyone who claims to represent SHS or the Receiver. If you have been defrauded, contact the authorities, your bank and the local police to report the incident.
|Notice and Statement of the Receiver|
The Receiver has taken possession of all the assets, property and undertakings of SHS. The Receiver is no longer carrying on operations of SHS.
The Receiver is not completing further customer orders placed before December 13, 2013 and it is not refunding customers for deposits or other amounts paid to SHS prior to the Receivership Proceedings. If you have an outstanding order which you have paid a deposit for, please call Sears at 1-866-506-7779.
Certain orders for windows and doors have been assigned to third parties. The Receiver may assign certain other customer orders placed before December 13, 2013 to third parties. Affected customers will be notified by mail.
The Receiver is not performing any service or warranty work for pre-Receivership orders. Please call Sears at 1-800-4MY-HOME (1-800-469-4663) for all repair and warranty related issues.
Reliance Home Services purchased the rental water heater, furnace and air conditioning business of SHS outside of Quebec on March 20, 2014. For billing or service inquiries on your rental equipment please call Reliance Home Comfort at 1-866-977-1669.
If you are calling regarding an outstanding rebate under the Ontario Power Authority incentive program, please call the Ontario Power Authority at 1-877-797-9473 and select option 3.
Some customers are receiving phone calls allegedly from SHS or the Receiver offering to refund customers, and seeking personal information from the customer. These calls are not being made by SHS or the Receiver. You are asked to email the Receiver at firstname.lastname@example.org with details of such calls should you receive them. Please be vigilant when giving your personal information over the phone and do not provide your credit card information to anyone who claims to represent SHS or the Receiver. If you have been defrauded, contact the authorities, your bank and the local police to report the incident.
On November 4, 2014, the Court issued an order allowing the stay of proceedings granted pursuant to the receivership Appointment Order to be lifted to grant leave to commence an action against SHS by Barry Patrick Kenny, on behalf of all members of the class action, for compensation for wrongful dismissal as a result of the termination of employment from SHS Management Inc. and Sears Canada Inc. (the “Employment Action”)..
On October 30, 2014, the Receiver prepared its tenth report to provide the Court with information in connection with the motion for leave to commence a class action proceeding by the moving party, Barry Patrick Kenny, against SHS, Sears and certain directors or former directors of such entities (the “Employee Actions”) on behalf of former employees of SHS and the Receiver’s position.
A motion will be heard on November 4, 2014.
On October 3, 2014, the Court issued an order (the “Lien Claims Resolution Order”) approving a process through which construction lien and trust claims asserted by contractors of SHS may be finally determined (the “Lien Claims Resolution Process”) and authorizing the Receiver, its counsel and advisors, to carry out the Lien Claims Resolution Process.
In addition, pursuant to the Lien Claims Resolution Order, the effect of the bankruptcy order against SHS is to terminate all Trust Claims asserted against the property of SHS. Accordingly, all Trust Claims, filed with the Receiver pursuant to the Claims Identification Order are deemed to be disallowed in full. All Trust Claimants will receive a notice from the Receiver disallowing their Trust Claims in full, pursuant to the Lien Claims Resolution Order. A copy of the Lien Claims Resolution Order is posted under the “Court Orders” tab.
On the same day, the Court issued an order approving the Receiver’s Ninth Report, the activities of the Receiver as set out in the Ninth Report and the fees and disbursements of the Receiver and its legal counsel to August 31, 2014.
On September 12, 2014, the Receiver filed its ninth Report to Court to provide information in connection with seeking an order of the Court approving the activities of the Receiver as set out in its Ninth Report, and approving the fees and disbursements of the Receiver and its legal counsel for the period from February 22 to August 31, 2014.
The motion will be heard on October 3, 2014.
On October 3, 2014, a motion will be heard for an order:
On August 12, 2014, the Receiver filed its Eighth Report to Court to inform the Court of:
and to seek an order of the Court:
On July 30, 2014, the Court issued an order lifting the stay of proceedings granted pursuant to the Receivership Order for the sole purpose for Alaris to make an application for a bankruptcy order against SHS and SHS LP.
Thereafter, on July 31, 2014, bankruptcy orders were issued against each of SHS and SHS LP, with the provision that they were suspended for a period of 10 days to ensure proper service on the Office of the Superintendent of Bankruptcy.
On July 28, 2014, the Receiver filed its Seventh Report to inform the Court of:
On July 15, 2014, the timetable for a motion to be heard to resolve the issue of entitlement to the Pre-Filling Customers Payments has been revised to October 3, 2014. A copy of the revised timetable can be found under the Court Orders tab.
On July 14, 2014, the Receiver filed its Sixth Report with the Court to inform the Court of:
On June 26, 2014, the Court issued an order:
The Court has set a timetable for a motion to resolve the issue of entitlement to the Pre-Filing Customer Payments (as defined in the Receiver’s Fifth Report) for the motion to be heard on September 8, 2014, a copy of such timetable is annexed to the endorsement of the Court dated June 26, 2014.
On June 19, 2014, the Receiver filed its Fifth Report to the Court to inform the Court of:
On March 11, 2014 the Court approved orders for:
The request to approve the Receiver’s and its counsel’s activities and fees has been adjourned until Monday, March 24, 2014.
On March 4, 2014, the Receiver filed the Receiver’s Fourth Report to the Court the purpose of which was to inform the Court of:
A motion will be heard on March 11, 2014.
On February 4, 2014, the Court granted an order, among other things:
Also on February 4, 2014, the Court granted an order lifting the stay of proceedings, found in the Receivership Order, against certain licensees of SHS for the limited purpose of permitting the licensees to terminate any of their respective license agreements with SHS.
On January 31, 2014, the Receiver filed its supplementary report to its third report (the “Supplementary Report”) with the Court the purpose of which was to update the Court on:
Also on January 28, 2014, the Receiver filed its third report (the “Third Report”) with the Court the purpose of which was to inform the Court on:
On January 9, 2014, the Court granted an order, which among other things:
On January 8, 2014 Sears Canada Inc. filed a motion with the Court to be heard on January 9, 2014 for an order (the “Receivership Order”) continuing the receivership of SHS pursuant to section 243 (1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended and section 101 of the Courts of Justice Act, R.S.O.1990, c. C.43 , as amended and appointing PricewaterhouseCoopers Inc. as receiver of all of the assets, undertakings and properties of SHS acquired for, or used in relation to the business carried on by SHS.
Also on January 7, 2014, the Interim Receiver filed its second report with the Court the purpose of which was to provide an update to the Court on:
On December 23, 2013, the Court issued an order (the “Amended and Restated Order”) amending and replacing the Appointment Order with the form of order attached as schedule A to the Amended and Restated Order.
On December 20, 2013, the Interim Receiver filed its First Report with the Court to update the Court on the activities of the Interim Receiver since its appointment and the relief sought in the comeback hearing scheduled for December 23, 2013.
This Web site will be updated as information becomes available.
For more information, please contact: PwC Hotline, Telephone: +1 855 376 8474, Fax: +1 416 814 3219, or via Email.