2423402 Ontario Inc., a special purpose entity that is wholly owned by Bondfield Construction Company Limited, was assigned into bankruptcy by its court-appointed receiver, Alvarez & Marsal, which was certified on December 3, 2020. The company was previously placed in receivership on December 6, 2018 on application by BMO, as administrative agent for a syndicate of lenders owed approximately $122.2MM. The company had no significant assets other than the contracts for the development, construction and completion of the Cambridge Memorial Hospital, a $187.0MM, fixed price project. The company did not perform the construction itself but rather contracted the work back to Bondfield. Counsel is McCarthy Tétrault for BMO, Blakes for the receiver, and Osler for Bondfield.
2423402 Ontario Inc., a special purpose entity that is wholly owned by Bondfield Construction ("Bondfield"), filed for bankruptcy on December 3, 2020, listing approximately $15.1 million in liabilities, including $13.3 million owing to the sole secured creditor, Zurich Insurance Company Ltd. ("Zurich"). The company had one asset, which was a receivable of $7.5 million under a court-approved settlement arising from its contracts for the development, construction, and completion of the Cambridge Memorial Hospital — a $187.0 million fixed price project. The debtor did not perform the construction itself, but rather contracted the work back to Bondfield. When Bondfield entered into prior CCAA proceedings, the debtor was first placed in receivership for the sole purpose of calling on the insurance company bonds in order to complete the project. Ira Smith Trustee & Receiver is the bankruptcy trustee. Counsel is BLG for Zurich and the estate solicitor is Aird & Berlis.
JMX Contracting Inc., JMX Leasing Inc., JMX National Inc. and BRND Properties Inc. (the "JMX Group"), which are part of a corporate group in the business of environmental contracting and construction services in Ontario, had their NOI proceedings continued under the CCAA on September 29. The JMX Group owed RBC approximately $4.4 million at the time of the NOI filings on April 17 and 20. Aside from its indebtedness to RBC, the JMX Group's current financial difficulties are largely attributable to the breakdown of two demolition projects with Ontario Power Generation ("OPG") and ASNA Robson Landmark Developments Limited ("ASNA"), which are the subject of ongoing litigation in Ontario and British Columbia. The CCAA proceedings will allow the JMX Group the flexibility to deal with remaining issues without adhering to the 6-month timeline imposed on NOI proceedings. During these CCAA proceedings, the JMX Group will be receiving up to $1.0 million in DIP financing from JMX Environmental Inc., BRND Properties Inc., and Dahl Demolition Corp. Crowe Soberman was appointed monitor. Counsel is Weisz Fell Kour for JMX Group, Chaitons for the monitor, Blakes for OPG, and Boughton Law for ASNA.
Simard-Beaudry Construction Inc. ("SBC") and Louisbourg Constructions Ltd. ("LC"), two large Laval, Quebec-based construction companies controlled by Antonio Accurso, obtained protection under the CCAA on July 8, respectively listing approximately $182.6 million and $82.8 million in liabilities. In 2010, the companies plead guilty to tax evasion against the CRA and were prohibited from bidding on public contracts until 2015. As a result, the companies' turnover dropped significantly and certain of their monetary assets were used to satisfy the numerous lawsuits launched against them. In recent years, the companies have ceased operations and sold almost all of their assets. In January, the companies filed an NOI, giving them until July 9 at the latest to file a proposal. However, various delays which were exacerbated by the COVID-19 pandemic eventually led the companies to file for protection under the CCAA. Raymond Chabot was appointed monitor. Ravinsky, Ryan, Lemoine is counsel to the companies.
Leigh Commercial Builders, a Wetaskiwin, Alberta-based general contractor, was placed in receivership on June 15 on application by RBC. Grant Thornton was appointed receiver. MLT Aikins is counsel for the applicant.
Metric Modular, an Agassiz, British Columbia-based modular construction company, filed an NOI on June 1, listing approximately $14.7 million in liabilities, including $9.3 million to ATB Financial. The company attributed its financial difficulties to the significant decline in sales volume over the past several years, which caused financial losses to accumulate. Based on historical performance and future trends, the company's forecasted future losses are too significant to be supported by its available cash flow. Grant Thornton is the proposal trustee.
JMX Group, an Uxbridge, Ontario-based company in the business of environmental contracting, demolition, abatement, remediation, and commodity salvage services to construction projects across Canada, filed an NOI on April 17. A week earlier, RBC, the Group's primary secured creditor owed approximately $3.1 million, issued a notice of intention to enforce security, alleging that the company had defaulted on its debt service coverage ratio. Despite requests from the Group for additional time, RBC did not extend the notice period to permit the Group to negotiate a satisfactory forbearance agreement. The Group therefore filed for creditor protection to effect a financial and balance sheet restructuring and to deal with RBC in an orderly manner. The Group's primary assets are the real property on which the Group's business are situated. Crowe Soberman is the proposal trustee. Weisz Fell Kour is counsel to the Group.
Bolt Offsite, a Calgary, Albert-based designer and developer of modular building construction projects, was placed in receivership on March 12 on application by RBC, owed approximately $1.8 million. Since October 2019, RBC has continued to informally forbear from taking any enforcement steps while the company searched for replacement financing, but these efforts have been unsuccessful. KPMG was appointed receiver. Counsel is Osler for the receiver and Torys for RBC.
9227-1584 Quebec Inc., and 9336-9262 Quebec Inc., two related companies that are developing Square Candiac, a complex and multifaceted mixed-used construction and development project on approximately 45 acres of land on the south shore of Montreal, Quebec, obtained protection under the CCAA on November 22. While some aspects of the project have been completed, the companies have no immediate liquidity and progress on the project has stalled. A shareholder dispute led to the appointment of KPMG as administrative agent and manager of the companies. Upon its appointment, KPMG determined that the companies were insolvent and required interim financing and a stay of proceedings to effect a restructuring or a continuation of the company's operations and made an application for creditor protection on the companies' behalf. KPMG is monitor and has been granted additional powers to manage the project. Counsel is Blakes for the monitor, Dentons for one of the project's co-owners, Langlois for the other co-owner, Jolicoeur Lacasse for BDC and BLG for Gerpro Construction.
Energold Drilling, a Vancouver, British Columbia-based drilling contractor, obtained protection under the CCAA on September 13. Operating in 25 countries, the company's revenues have been adversely impacted by the deterioration of the markets it serves - in particular, the general downturn in mining that commenced in or around 2012 and the subsequent general downturn in oil and gas that commenced in or around 2014. While conditions in the mining sector have shown some signs of improving in recent years, neither the mining or energy sectors have recovered to their previously robust levels of activity. The company's restructuring plan includes reducing its debt load, cutting costs in its corporate office, selling non-core assets and refocusing attention to its remaining operating units. FTI was appointed monitor. EY was appointed financial advisor to the company. Portage Point Partners was appointed CRO. Counsel is BLG for the company, Cassels Brock for the monitor, Gowling WLG for EDC, Clark Wilson for Extract Advisors LLC as administrative agent to the secured noteholders, McCarthy Tétrault for RBC and Stikeman Elliott for the DIP lender.