5689482 Manitoba Ltd. & 5480082 Manitoba Ltd. (o.a Fun Mountain), which operated as a Winnipeg, Manitoba-based water slide park, had a receiver appointed over its assets on September 9 on application by BDC, owed approximately $850,000. The assets of the companies include the real property on which the waterpark is located. Grant Thornton was appointed receiver. Counsel is Fillmore Riley for BDC and Taylor McCaffrey for the receiver.
Fun and Fitness Trampolines Inc., a Kitchener, Ontario-based “SkyZone” franchise operating a playground area where adults and children make use of trampolines and similar fitness and recreational equipment, filed an NOI on October 3. According to the company, the filing was necessitated by, chronologically: (1) insurance costs which essentially quadrupled, (b) the impact of COVID-19, and (c) the company's financing and guaranteeing the obligations of two related companies, which failed outright due to COVID-19. On November 6, the Ontario Superior Court of Justice (Commercial List) approved a sales process for the company's assets and a stalking horse agreement with a related company. Crowe Soberman is the proposal trustee. Counsel is Simpson Wigle for the proposal trustee and GSNH for the company.
Back 40 Pictures, a Toronto, Ontario-based film production company, was placed in receivership on July 9 on application by RBC, owed approximately $2.0 million. Deloitte was appointed receiver. Devry Smith Frank is counsel to the applicant.
Avenir Sports Entertainment Ltd., the owner of the Western Hockey League's Portland Winterhawks, along with Audible Capital Corp., Avenir Trading Corp, and 1892244 Alberta Ltd. (collectively, the "Debtors"), was placed in receivership on May 7 on application by Bridging Finance, as Agent, owed over $20.5 million. After the Debtors failed to meet payment deadlines to the Agent, the Agent took control of the Portland Winterhawks, which had been put up as collateral when team owner Bill Gallacher took out a loan with the Agent. The Debtors and the Agent also agreed that Audible was to complete a sale of the shares in Swiss Entertainment Company, the owner of Lausanne Hockey Club, by November 2019 and pay approximately $5.0 million to the Agent. However, Audible failed to complete this sale as well as a sale of the Portland Winterhawks in order to repay the Debtors' indebtedness to the Agent. KSV Advisory was appointed receiver. Counsel is Bennett Jones for the receiver, Chaitons for the applicant, and Burnet, Duckworth & Palmer for the Debtors.
Dinosaur Trail Golf & Country Club, a Drumheller, Alberta-based golf club, was placed in receivership on February 11 on application by ATB Financial, owed approximately $1.2 million. Hardie & Kelly was appointed receiver and manager. Dentons is counsel to the applicant.
Waves E-Gaming, a North York, Ontario-based e-sports facility connecting gamers across the country and bringing e-sports tournaments to audiences and players around the world, was placed in receivership on December 20, 2019. Dodick Landau was appointed receiver.
D Films Corporation, a Toronto, Ontario-based independent Canadian film distribution company, was placed in privately appointed receivership on August 9 by Bank Leumi USA, owed approximately $3 million. The company focused on the acquisition and distribution of long-term exclusive rights of both motion picture and television content and made strategic investments with major global film producers including NBCUniversal and Miramax Films. The company had been experiencing losses and cash flow problems for some time, and with no further funds available to be injected from any source, Bank Leumi USA lost confidence in management. Ira Smith Trustee & Receiver was appointed receiver. Counsel is Goodmans for the secured creditor.
MF Live Inc., a Saskatchewan-based company organizing the Roxodus Music Fest, filed for bankruptcy on July 12, listing $18.3MM in liabilities, including $11.2MM to Taurus Site Services and $5.0MM to Eventbrite. The company was organizing a four-day concert to be held from July 11 to 14 on a 420-acre space near Wasaga Beach, Ontario. Featured groups slated to perform at the event included Aerosmith, Kid Rock, Nickelback and Lynyrd Skynyrd, among others. Just days prior to the festival, however, the company announced that it was cancelling the event, citing tremendous rainy weather that impacted its ability to adequately prepare the venue for the event. It has also come to light that the company is under investigation from the local conservation authority for allegedly destroying protected forest and wetlands in preparation for the festival. Grant Thornton is the bankruptcy trustee. BT Legal is counsel for the company.
Bearspaw Country Club, the operator of a private golf and country club In Calgary, Alberta, was placed in receivership on May 16 on application by TD, owed approximately $10.4MM. The company had already ceased operations on May 1 and had let go of all employees except for five staff and one contractor who were kept on for the purpose of securing and preserving the golf course. PwC was appointed receiver. Counsel is McCarthy Tétrault for the applicant and Burnett Duckworth & Palmer for the company.
Toonbox Entertainment, a Toronto, Ontario-based animation studio, filed a proposal on April 29. Established in 2008, the company has produced award-winning movies and television shows such as The Nut Job and The Nut Job 2. The Nut Job 2, which was produced through a wholly-owned subsidiary of Toonbox, was eligible to claim certain provincial and federal refundable tax credits for the production of the film. These tax credits were used by the production company to secure funding from the Pacific Mercantile Bank, with Toonbox acting as a guarantor of the facility. When the production company failed to remit to Pacific Mercantile the approximately $7.5MM it received on account of the tax credits, the lender brought an application for the appointment of an interim receiver. BDO was appointed interim receiver on April 18. The company subsequently filed a proposal on April 29, with BDO acting as proposal trustee. Under the terms of the proposal, the assets of the company will vest in the trustee, who will conduct a sale process for the assets. Counsel is Bennett & Company for Toonbox, Cassels Brock for Pacific Mercantile and Zener & Waxman for the proposal trustee.