11157337 Canada Corp. and its fully-owned subsidiary, H12 Brands Inc. (collectively, the “H12 Companies”), filed NOIs on November 19, 2021. The H12 Companies operate a cannabis-focused consumer packaged goods business, utilizing innovative product design and creative branding. The H12 Companies intend to complete an asset sale transaction in the NOI proceedings. EY is the proposal trustee. Counsel is Weisz Fell Kour for the H12 Companies and Miller Thomson for the proposal trustee.
Bonify Holdings Corporation, a Winnipeg, Manitoba-based cannabis company, made an assignment in bankruptcy on September 9, listing approximately $14.5 million in liabilities, including approximately $13.8 million to The Assiniboine Credit Union Limited. Three of the company's executives were dismissed in December 2018 after it was determined they had used a third party to buy cannabis from the black market, selling it in several Manitoba and Saskatchewan retail stores. The company's licence to sell cannabis was suspended at the time, but was reinstated in October 2019. An investigation found that the company had 200 kilograms of cannabis product in its facility that was not authorized for sale. The company undertook an orderly wind-down of its business operations prior to the bankruptcy filing, and cited a lack of access to capital as the cause of its inability to continue. EY is the bankruptcy trustee. Counsel is Taylor McCaffrey for The Assiniboine Credit Union Limited, and MLT Aikins acted as counsel for the company prior to the bankruptcy.
PharmHouse Inc., a licensed cannabis producer with an operating facility in Staples, Ontario, filed an assignment in bankruptcy on September 9, listing over $125 million in liabilities. The bankruptcy filing comes after a successful CCAA proceeding involving a SISP and a sale of the company's assets to Tweed Inc., another Canadian cannabis company. EY is the bankruptcy trustee. Counsel is Bennett Jones for the company and BLG for the trustee.
Natural Health Services Ltd., which operated medical clinics that specialized in dispensing cannabinoids across Alberta, Saskatchewan, Manitoba, and Ontario, filed for bankruptcy on August 6. KPMG is the bankruptcy trustee. Counsel is Dentons for the company and Torys for the trustee.
Hydrx Farms Ltd., a vertically integrated Health Canada-licensed cannabis company with a facility in Whitby, Ontario, obtained protection under the CCAA on March 22 on application by Domenico Serafino. In August 2017, the company financed its operations through the issuance of a convertible debenture from Aphria Inc. for $11.5 million and raising approximately $86.0 million in an equity financing. To date, the company has accumulated losses in excess of $55.0 million and its operations have been shut down due to liquidity problems. All of the company's employees have been laid off and only a few consultants remain with the company in order to maintain the company's license with Health Canada. In addition to the company's financial issues, it is the subject of six legal proceedings. Schwartz Levitsky Feldman Inc. was appointed monitor. Counsel is Paliare Roland for the monitor and Minden Gross for the applicant.
FIGR Brands, Inc., FIGR Norfolk Inc., and Canada's Island Garden Inc. (collectively, the "FIGR Group"), a vertically integrated cannabis business which operates two cannabis facilities (one in Ontario and the other in PEI), filed for protection under the CCAA on January 21, listing approximately $203.4 million in liabilities and $153.2 million in assets. Since commencing operations, the FIGR Group has been cash flow negative and relies on funding from indirect subsidiaries of New Pyxus International ("New Pyxus"), which is the parent company of FIGR Brands, Inc. Alliance One International Tabak C.V. ("AOI Tabak"), one of the New Pyxus' indirect subsidiaries, is owed approximately $189.7 million and is no longer prepared to continue funding the FIGR Group. During these CCAA proceedings, the FIGR Group will be receiving up to $8.0 million in DIP financing from Alliance One Tobacco Canada Inc. FTI Consulting was appointed monitor. Counsel is Bennett Jones for the FIGR Group, Cassels for the monitor, and Chaitons for Alliance One Tobacco Canada Inc.
Sunniva Inc. (CNE: SNN), a Vancouver, British Columbia-based development stage business that has been developing facilities for the cultivation, processing, and distribution of raw cannabis flower and cannabis-based products — along with its subsidiaries — obtained protection under the CCAA on October 9. The company's financial distress is caused primarily by cost overruns and construction delays regarding its primary business asset, a leasehold interest in an under-construction cannabis cultivation facility in California. In November 2018, the company announced its strategic decision to focus corporate resources on developing the company's business in California and began liquidating its Canadian assets. The company and its subsidiaries intend to liquidate what remains of their Canadian assets and advance the business in California. On June 22, the British Columbia Securities Commission and Ontario Securities Commission each issued a cease trade order in respect of the company's shares. The company, which has unsecured debts in excess of $58.0 million, is currently seeking an extension of the stay period so that the relief will continue until November 27. Alvarez & Marsal was appointed monitor. Counsel is BLG for the companies and Cassels Brock for the monitor.
Lift & Co. Corp. and Lift & Co. Ltd. (TSX:LIFT), the Toronto, Ontario-based cannabis events and marketing firm behind the "Canadian Cannabis Awards", filed for bankruptcy on September 17, collectively listing approximately $9.8 million in liabilities, including $5.5 million to Gotham Green Fund 1, LP. This filing follows the company's failure to reach a deal with its debt holders regarding the sale of its consumer and trade marketing divisions, the proceeds of which would have been used to grow the company's marketing operations. Currently, the company does not have the working capital necessary to repay the amount owing on its $3.5 million secured convertible debentures or to continue carrying on its business. PwC is the bankruptcy trustee.
PharmHouse Inc., a licensed cannabis producer with an operating facility in Staples, Ontario, obtained protection under the CCAA on September 15, listing approximately $170.9 million in liabilities and $187.7 million in assets. Since August, the company has relied on $1.2 million in funding from Canopy Rivers Corporation ("Rivers") to meet its immediate cash needs. In order to establish its operating facility, increase its cannabis production capabilities, and grow its business, the company has expended significant resources to date, including funds from equity and debt financing. As a result, the company has now exhausted its cash on hand, including its $90.0 million non-revolving credit facility. Absent urgent additional funding and a restructuring of its business, the company will face an immediate cessation of its operations. Although Rivers has advised that it is no longer willing to provide the company with funding on an unsecured basis, it will be providing DIP financing during the CCAA proceedings. EY was appointed monitor. Counsel is Bennett Jones for the company, BLG for the monitor, and Cassels Brock for Rivers.
Tidal Health Solutions Ltd., a Montreal, Quebec-based cannabis producer with a facility in St. Stephen, New Brunswick, filed an NOI on July 30, listing approximately $17.9 million in liabilities. The company, which has had significant operating losses for the past several years, attributes its financial difficulties to the significant start-up costs of building its facility, delays in obtaining a licence, much lower growth rate in the cannabis market than anticipated, and difficulty accessing financing for Canadian cannabis companies. Furthermore, due to the COVID-19 pandemic and the resulting delay in launching Ontario retail stores, initial purchase commitments from Ontario were significantly disrupted. Iostesso Holdings will be providing up to $1.0 million in interim financing during these proceedings. PwC is the proposal trustee. McCarthy Tétrault is counsel to the company.