Van Vic Isle Construction Ltd.

Van Vic Isle Construction Ltd., a Revelstoke, British Columbia-based general contractor and design builder, had a receiver appointed over certain assets on December 2, 2022, on application by Mitsubishi HC Capital Canada, Inc., owed approximately $1.1 million plus interest and fees as at December 2, 2022. The company has defaulted on its payment obligations to Mistubishi under a credit agreement and subsequent forbearance agreement. Mitsubishi requested that a receiver be appointed over limited property so as to protect its collateral and maintain the status quo through a stay of proceedings while being minimally intrusive to the business, and to enable it to investigate a related party's purported exercise of a distress right. BDO was appointed receiver. Miller Thomson is counsel to Mitsubishi. By Dina Milivojevic

Nilex USA Inc. (“Nilex USA”)

Nilex USA Inc. ("Nilex USA"), a wholly-owned subsidiary of Nilex Inc., a Calgary-based construction company operating in the geosynthetics industry which is already subject to proposal proceedings, filed an NOI on November 24. Nilex USA operates from leased premises in Utah and Colorado and has approximately eight employees. In October 2021, Nilex Inc. engaged Valitas Capital Partners to conduct a sales process, which ultimately resulted in the acceptance of a bid for a going-concern sale of substantially all of the companies’ business and assets to Terrafix Geosynthetics Inc. (the Canadian purchaser) and Hanes Companies, Inc. (the US purchaser), The purpose of the Nilex USA NOI filing is to allow the transaction for the US assets to be completed, and the proposal trustee intends to work with US counsel to commence Chapter 15 recognition proceedings. KSV is the proposal trustee. Counsel is Blakes for Nilex USA, Cassels for the proposal trustee and Norton Rose for CIBC, the senior secured lender. By Dina Milivojevic

Lischkoff Build Design Ltd.

Lischkoff Build Design Ltd., a Huntsville, Ontario-based company in the business of constructing, designing and renovating residential custom homes, filed an assignment in bankruptcy on November 14. According to management, the company began experiencing financial pressures in 2021 resulting primarily from economically adverse contracts, higher labour and material costs and the COVID-19 pandemic. The company was required to utilize a substantial portion of its financial resources to complete these contracts, exhausting working capital to an unsustainable level. Anticipated financing did not materialize, and the company elected to file an assignment in bankruptcy. RBC is owed approximately $280,000 on a secured basis. Rosen Goldberg is the bankruptcy trustee, and Miller Thomson is counsel for the bankruptcy trustee. By Dina Milivojevic

Nilex Inc.

Nilex Inc., a construction company based in Edmonton, Alberta, filed an NOI on October 27, listing over $62 million in secured debt, including approximately $17.5 million to CIBC, its senior lender, and approximately $45 million to Fulcrum Capital Partners Inc. et al., as well as over $12 million in unsecured debt. The company's financial difficulties were brought on by several years of repeated losses, exacerbated by the pandemic, a slowing construction industry and increasing inventory costs. The purpose of the filing is to conduct a sales process, which is well advanced. KSV is the proposal trustee. Counsel is Blakes for the company, Cassels for the proposal trustee and Norton Rose for CIBC. By Dina Milivojevic

Edward Collins Contracting Ltd.

Edward Collins Contracting Ltd. and various related entities (collectively, "ECC"), a group of companies operating in the heavy civil construction industry across Newfoundland and Labrador, obtained CCAA protection on October 5. ECC is a family-owned business that was created in 1974, having passed from the original owner, to son, to grandson. The primary causes of ECC's insolvency included, among other things: (1) ECC acquired a used asphalt plant from Texas that it had transported to Newfoundland and Labrador that it was ultimately not able to get running, resulting in losses of approximately $2 million; (2) ECC entered into an unfavourable bridge contract in 2019 which was supposed to be done over a 4-month period but rolled into 2020 and 2021, resulting in losses of over $1 million; (3) ECC accrued significant sourced deduction and HST arrears owed to CRA through 2019 to 2021; and (4) ECC's forbearance with RBC has expired and RBC has issued a demand on its $950,000 line of credit. Grant Thornton was appointed monitor. Counsel is O'Keefe & Company for ECC. By Dina Milivojevic

Capital Build Construction Management Corp.

Capital Build Construction Management Corp., a Vaughan, Ontario-based construction management company, was deemed to have made an assignment in bankruptcy on October 4, after it failed to file cash flow statements required in connection with its NOI proceedings. The company lists approximately $2.1 million in liabilities, including $1.1 million to RBC. It was involved in construction management for a developer on multiple projects, and had substantial receivables for the work done or being done on the projects. The developer could not meet its financial obligations to its creditors and its projects were put into receivership, adversely affecting the company's cash flow. Goldhar & Associates is the bankruptcy trustee. By Dina Milivojevic

2806401 Ontario Inc. d/b/a Allied Track Services

2806401 Ontario Inc. d/b/a Allied Track Services, a Grimsby, Ontario-based provider of railroad construction, maintenance, and signal services, filed an NOI on August 25, listing approximately $63.1 million in liabilities, including approximately $59.8 million to Bridging Finance Inc. The company was previously subject to NOI proceedings in 2021. KSV is the proposal trustee. Counsel is Blakes for the proposal trustee and TGF for Bridging. By Dina Milivojevic

Main Infrastructure Ltd., Kstone Investment Corporation and 2666492 Ontario Ltd.

Main Infrastructure Ltd., Kstone Investment Corporation and 2666492 Ontario Ltd., Vaughan, Ontario-based construction companies, were placed in receivership on July 21, on application by RBC. RBC holds judgments against the companies and their principal totaling an aggregate of $1,203,337.25 plus accruing interest and costs on a substantial indemnity scale. The judgments also provide for possession of the personal property of the companies pursuant to the GSA held by RBC. Main Infrastructure and Kstone have continued to operate, but Main Infrastructure has accumulated HST arrears in excess of $860,000.00. Grant Thornton was appointed receiver. Counsel is Flett Beccario for RBC and RAR Litigation for the companies. By Dina Milivojevic

Fossil EPC Ltd.

Fossil EPC Ltd., which owned and operated an engineering, procurement, construction and management company out of Nisku, Alberta, made an assignment in bankruptcy on March 16, listing approximately $1.3 million in liabilities, including approximately $950,000 to CRA. The Bowra Group is the bankruptcy trustee.

Pirate Industries Ltd. and Pirate Excavating Ltd.

Pirate Excavating Ltd., a Vancouver Island-based excavating and landscaping company, and Pirate Industries Ltd., a holding company which leased construction equipment to Pirate Excavating Ltd., each filed an assignment in bankruptcy on January 18. Crowe MacKay is the bankruptcy trustee. RBC holds first charge against all present and after-acquired property of the companies. It appointed BDO as receiver pursuant to its security on or about January 31, 2022. By Dina Milivojevic