Student Federation of the University of Ottawa Inc.

Receivership

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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 April 15, 2019, on the application of Student Federation of the University of Ottawa Inc. (the "Applicant"), an Order was granted by the Ontario Superior Court of Justice, pursuant to section 101 of the Courts of Justice Act, R.S.O. 1990, c.C.43, as amended (the “CJA”), appointing PricewaterhouseCoopers Inc., LIT (“PwC”) as receiver and manager (in such capacities, the "Receiver") without security, of all of the assets, undertakings and properties of Student Federation of the University of Ottawa Inc. (“SFUO” or the “Company”).

A Notice and Statement of the Receiver was mailed to all known creditors of the Company on April 29, 2019 in accordance with the provisions of the BIA. A copy of the Notice can be found in the Notices section of this website.

This Web site will be updated as information becomes available.

For more information, please contact: Natalia Chtcherbakova at cmt_processing@ca.pwc.com

Status of File as of April 21, 2021

On March 22, 2021, the Court issued the Fee Approval, Distribution, Dissolution and Discharge Order which, among other things:

1. Approved the activities of the Receiver, including those as described in the Tenth Report;
2. Approved the Creditor Distribution of the amount of $1,101,232;
3. Directed the Receiver to abandon any recovery in respect of the UOSU Note;
4. Approved the distribution of the funds in the Receiver’s hands net of (1) the Creditor Distribution and (2) a reserve for the Remaining Disbursements to the UOSU, following payment of the Receiver’s Fees and Expenses, subject to the reserve;
5. Approved the distribution of the Reserve Funds to the UOSU;
6. Approved the fees and disbursements of the Receiver and its counsel for the period from April 15, 2019 to December 31, 2020, and a reserve to complete the Remaining Activities; and
7. Discharged PwC as Receiver of the SFUO and authorize the dissolution of the SFUO upon completion of the Remaining Activities as evidenced by the filing of the Receiver’s Discharge Certificate.

Status of File as of February 5, 2021

On February 4, 2021, the Receiver filed its motion for an order (the “Fee Approval, Distribution, Dissolution and Discharge Order”), among other things to:

1. Approve the activities of the Receiver, including those as described in the Tenth Report of the Receiver, dated February 3, 2021 (the “Tenth Report”);
2. Approve the distribution of the amount of $1,101,232 in respect of the claims of the creditors accepted by the Receiver as proven (the “Creditor Distribution”);
3. Direct the Receiver to abandon any recovery in respect of the UOSU Note (as defined in the motion);
4. Approve the distribution of the funds in the Receiver’s hands net of (1) the Creditor Distribution and (2) a reserve for the Remaining Disbursements (as defined in the motion) to the University of Ottawa Students’ Union (the “UOSU”), following payment of the Receiver’s Fees and Expenses, subject to the reserve;
5. Approve the distribution of the Reserve Funds (as defined and described below) to the UOSU;
6. Approve the fees and disbursements of the Receiver and its counsel for the period from April 15, 2019 to December 31, 2020, and a reserve to complete the Remaining Activities (as defined in the motion); and
7. Discharge PwC as Receiver of the SFUO and authorize the dissolution of the SFUO upon completion of the Remaining Activities as evidenced by the filing of the Receiver’s Discharge Certificate in the form attached as Schedule “A” to the proposed Fee Approval, Distribution, Dissolution and Discharge Order.

On the same date, the Receiver filed its Tenth Report with the Court to inform the Court of:

1. The Receiver’s activities since the Ninth Report;
2. The completion of the Claims Procedure;
3. The Receiver’s statements of receipts and disbursements (the “SRD”) for period to February 1, 2021; and
4. The Receiver’s motion for the Fee Approval, Distribution, Dissolution and Discharge Order.

Status of File as of January 30, 2020

On January 24, 2020, the Court issued the Interim Transfer Order, which among other things:

1. Approved and authorized the Interim Transfer to UOSU from the Reserve Funds held by GCS;
2. Approved the Reserves Entitlement Motion to a date not earlier than June 18, 2020; and
3. Approved the activities of the Receiver as set out in the Seventh Report and Ninth Report.

Status of File as of January 16, 2020

On January 15, 2020, the Receiver filed its Ninth Report (the “Ninth Report”), with the Court in connection with the Receiver’s motion for an order (the “Interim Transfer Order”):

1. Approving the activities of the Receiver as set out in each of the: (i) Seventh Report; (ii) the Eighth Report; and (iii) the Ninth Report; and
2. Approving and authorizing the release of the sum of $717,750.00 (CAD) to the UOSU by way of a transfer of funds from the amount currently being held in trust by Green Shield Canada (“GSC”) pursuant to the Benefit Plan Transition Agreement (as defined in the Eighth Report) to the fund at GSC for the UOSU health plan (the “Interim Transfer”) and all other action items required in order to adjourn the motion of the UOSU in the within proceeding that is currently scheduled to be heard on February 10, 2020 (the “Reserves Entitlement Motion”).

The motion will be heard on January 24, 2020.

Status of File as of December 24, 2019

On December 23, 2019, the Receiver filed its Eighth Report (the “Eighth Report”) with the Court. The Eighth Report, and the Receiver’s First Report set out the Receiver’s understanding of certain information that may be relevant to the Court’s determination of an issue brought before the Court by the University of Ottawa Students’ Union (the “UOSU”) in the Receivership Proceedings for a declaration that the balances in the claims fluctuation reserve and the surplus account (collectively the “Reserve Funds”) of the Benefit Plan (as defined in the Eight Report) constitute trust funds for the benefit of the undergraduate students of the University of Ottawa (the “University”) and the Université Saint-Paul / Saint Paul University (“USP”).

Status of File as of December 5, 2019

On December 6, 2019, a motion will be heard pursuant to the Claims Procedure Order for the scheduling of the determination of certain disputed claims, as more fully outlined in the Seventh Report of the Receiver filed on December 5, 2019.

On December 5, 2019, the Receiver filed its Seventh Report (the “Seventh Report”) with the Court to update the Court on the status of the Claims Procedure.

Status of File as of November 6, 2019

On November 4, 2019 the Court issued the Opinion Order and Direction, which among other things

1. Approved the activities of the Receiver as set out in the Fifth Report and the Sixth Report of the Receiver; and
2. Directed Hicks Morley to produce to the Receiver a legal opinion provided to SFUO concerning certain employment matters; and

On the same date issued an order amending the order of the Honourable Justice Kershman, dated April 30, 2019.

Status of File as of November 1, 2019

On November 1, 2019 the Receiver filed a motion for an order (the "Opinion Order and Direction"):

1. Approving the activities of the Receiver as set out in the Fifth Report and the sixth report of the Receiver dated October 31, 2019 (the "Sixth Report"); 
2. Directing Hicks Morley Hamilton Stewart Storie LLP ("Hicks Morley") to produce to the Receiver a legal opinion provided to SFUO concerning certain employment matters; and

An order amending the order of the Honourable Justice Kershman, dated April 30, 2019.

Also, on November 1, 2019, the Receiver filed its Sixth Report with the Court in conjunction with the motion seeking the Opinion Order and Direction.

The motion will be heard on November 4, 2019.

Status of File as of October 15, 2019

On October 15, 2019, the Receiver filed its Fifth Report (the “Fifth Report”) with the Court informing the Court of the status of Claims Procedure undertaken pursuant to the Claims Procedure Order.

Status of File as of October 15, 2019

On October 15, 2019, the Receiver filed its Fifth Report (the “Fifth Report”) with the Court informing the Court of the status of Claims Procedure undertaken pursuant to the Claims Procedure Order.

Status of File as of September 18, 2019

On September 18, 2019, the Court issued the Claims Procedure Order, which among other things, 

1. Approved the Fourth Report of the Receiver;
2. Approved the activities of the Receiver as set out in the Fourth Report; and
3. Approved and authorized the Claims Procedure authorizing, directing and empowering the Receiver to implement and carry out the Claims Procedure substantially in accordance with the terms of the Claims Procedure Order.

Status of File as of September 16, 2019

On September 13, 2019, the Receiver filed a motion for an order (the “Claims Procedure Order”):

1. Approving the activities of the Receiver as set out in the Fourth Report of the Receiver, dated September 13, 2019 (the “Fourth Report”); and
2. Approving and authorizing the claims procedure (the “Claims Procedure”) and authorizing, directing and empowering the Receiver to implement and carry out the Claims Procedure substantially in accordance with the terms of the Claims Procedure Order.

On the same date the Receiver filed its Forth Report with the Court.

The motion will be heard on September 16, 2019.

Status of File as of August 20, 2019

On August 19, 2019, the Court issued an order (the “Approval and Vesting Order”), which among other things:

1. Approved the Second and the Third Reports of the Receiver and the activities of the Receiver described therein;
2. Approved the execution of the Transition Agreement; and
3. Approved the transaction contemplated in the Transition Agreement (the “Transaction”).

Status of File as of August 16, 2019

On August 16, 2019, the Receiver filed a motion seeking, among other things, the approval of a proposed Student Union Transition Agreement (the “Transition Agreement”) with the University of Ottawa Student's Union and the University of Ottawa.  This matter will be heard on August 19, 2019.  Further information can be found in the Third Report of the Monitor dated August 16, 2019.

Status of File as of April 30, 2019

On April 30, 2019, the Court issued an order:

1. Approving the Receiver's First Report and the activities and conduct of the Receiver set out therein;
2. Approving the Benefit Plan Transition Agreement and authorizing the Receiver to execute the agreement in the form attached as appendix "D" of the First Report.

Among other things, the effect of the Benefit Plan Transition Agreement is that Student Plan Members and Staff Plan Members (as defined in the agreement) who were entitled to coverage under the Benefit Plan as of April 30, 2019 will continue to be entitled to coverage pursuant to the Benefit Plan during the Transition Period.  The reserves under the Benefit Plan will be held in trust (or paid into court after December 31, 2019) pending an agreement or further Court order regarding entitlement to the reserves.