Simard-Beaudry Construction Inc. (“SBC”) and Louisbourg Constructions Ltd. (“LC”)

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

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

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

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

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.

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

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.

Skywell Homes

Skywell Homes, an Ottawa, Ontario-based home builder, was placed in receivership on August 8, on application by Cardar Investments, owed approximately $2.7 million. The company had already filed for bankruptcy on October 9, 2018. Prior to bankruptcy, the company was in the process of applying for a land severance application in respect of two single dwelling homes. The severance application was needed in order for the properties to be sold separately. In order to ensure the application was not impacted and in order to maximize value for a potential disposition of the two properties separately, Cardar waited until the severance application was granted in July before proceeding with the receivership application. PwC was appointed receiver. Counsel is Brauti Thorning for the applicant and Blakes for the receiver.

Voice Construction

Voice Construction, an Edmonton, Alberta-based civil construction company, was placed in receivership on June 25 on application by Maynbridge Capital, owed approximately $35.9MM. Maynbridge, which took an assignment of the company's loan from a syndicate of lenders in January 2019, has been working with the company on the terms of a transaction that would address the company's immediate liquidity needs and improve its capital structure. Although negotiations continued to progress, by mid-June 2019 the company's liquidity position deteriorated to the point that an injection of capital was required in the immediate term. The company instead took steps to wind down its business operations, terminating staff and advising customers of the wind-down of its business. Fearing that the company's equipment would be exposed to potential possessory liens of trade contractors, Maynbridge sought the appointment of a receiver to preserve and realize on the assets in an orderly manner. Alvarez & Marsal was appointed receiver. Counsel is BLG for the applicant, Osler for the company and Miller Thomson for the receiver.

United Construction Company

United Construction Company, an Acheson, Alberta-based general contractor, was placed in receivership on June 21 on application by Trisura Guarantee Insurance Company, owed approximately $2.7MM. Trisura, the company's surety on projects throughout Alberta, has been called upon to make payments to subcontractors, suppliers and labourers on various bonded projects. The company filed an NOI on June 6, with EY acting as proposal trustee, in response to Trisura's formal demand for repayment on May 29, but the stay has been lifted and a receivership order granted in favour of Trisura. Grant Thornton was appointed receiver. Counsel is Field Law for the applicant, McMillan for the receiver, Sharek & Co for the company and Dentons for TD.

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