Coverage of the latest Canadian insolvency filings, court cases, news and more
Boreal Capital Partners Ltd.
Boreal Capital Partners Ltd. and certain related entities, an Oakville, Ontario-based group of companies in the business of developing residential and commercial real estate projects, including multifamily residential condominium projects, obtained protection under the CCAA on November 25, listing almost $45 million in liabilities to Halmont Properties Corporation, their principal secured creditor. The companies currently have five projects underway, one of which is at an advanced stage of construction. However, they are facing pressing liquidity concerns as a result of severe alleged mismanagement, including a failure to provide the required reporting, the co-mingling of various funds and accounts, and various unauthorized payments and transfers. The purpose of the CCAA proceedings is to provide the companies with the breathing space to stabilize operations, continue the development of the active projects and develop a restructuring plan. EY was appointed monitor. Kesmark Estates was appointed as CRO. Halmont is providing DIP financing. Counsel is TGF for the companies, Lenczner Slaght for the monitor, Wildeboer Dellelce for Halmont and BLG for Trisura Guarantee Insurance Company.
YA-SEEN 19 ENTERPRISES INC. o/a Buck or Two Plus!
YA-SEEN 19 ENTERPRISES INC. o/a Buck or Two Plus!, a Mississauga, Ontario-based franchised retail dollar store, filed an NOI on November 19, listing $180,000 in secured liabilities and $272,000 in unsecured liabilities. The COVID-19 pandemic and competition from a nearby rival dollar store resulted in reduced revenue and constricted cash flows. As a result, the company found itself unable to purchase inventory and fell into arrears for occupation rent with its landlord. BDO is the proposal trustee. Counsel is Keyser Mason Ball for the company.
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Podollan (Re), 2021 BCSC 1196
What is the test for setting aside a bankruptcy order? The Bankrupt was adjudged a bankrupt on the application of Servus Credit Union Ltd. (“Servus”).
Michael Rotsztain on the evolution of restructuring and insolvency work in Canada
“Study the past if you would define the future.” Confucius’ quote is a favourite of Michael Rotsztain, who has been practising insolvency and restructuring law for over 40 years. Beginning his career at the legendary insolvency firm of Harries Houser, where he had the good fortune of being mentored by a bankruptcy law dream team, Michael spent the major part of his career at a leading Bay Street firm and since 2014 has been the chair of GSNH’s five-lawyer Restructuring and Insolvency Group. Michael recounts how insolvencies and restructurings have evolved over his career and shares what he thinks are the next steps in the evolution.
What Role has the Covid-19 Pandemic Played in Insolvency Filings?
The Insolvency Institute of Canada presents the results of its study into how many Canadian insolvencies have been due to the Covid-19 pandemic, with the biggest takeaway being that Covid-19 has not yet had the massive impact that was expected and was the primary factor for the insolvency in only 15% of the filings.