Innova Global, a Calgary, Alberta-based provider of noise control and waste recovery system solutions for industrial sites worldwide, was placed in receivership on April 1 on application by ATB, owed together with a syndicate of other lenders approximately $74.2MM. In February 2019, the company advised ATB that it anticipated defaulting on its credit agreement because it was unable to make a required repayment of $2.5MM due on February 29. Despite several extensions and extensive negotiations, the parties have been unable to find a collaborative solution to address the liquidity challenges. When TriWest Capital Partners, the company's indirect private equity sponsor, advised in March that it was unwilling to either invest capital into the business or purchase all or a portion of the lenders' security, ATB demanded repayment of the debt. PwC was appointed receiver. Counsel is McCarthy Tétrault for the applicant and Stikeman Elliott for the company.
Soliman & Associates Law Corporation dba Lonsdale Law, a North Vancouver, British Columbia based law firm, filed an NOI on March 25, listing 658.5M in liabilities, including $332.5M to TD and $185.7M to CRA. Bowra Group is the proposal trustee.
Schendel Mechanical Contracting, an Edmonton, Alberta-based mechanical contractor, filed an NOI on March 22, listing $37.2MM in liabilities, including $18.1MM to ATB. The company has accused the provincial government of owing them $26.0MM for work done on the Grande Prairie Regional Hospital, a $760.0MM project that Schendel has been working on for almost 6 years and that has been plagued with problems. Grant Thornton is the proposal trustee.
Kel's Electrical Contracting, an Edmonton, Alberta-based full-service electrical company, filed for bankruptcy on March 21, listing approximately $663.3MM in liabilities, including $244.0M to Eecol Electric. Bowra Group is the bankruptcy trustee.
Surface Pro Surfaces, a Calgary, Alberta-based landscape contractor, as well as two related companies, were placed in receivership on March 19 on application by RBC, owed approximately $3.3MM. Since early March, the companies have been unable to fund their payroll obligations. In the same month, RBC discovered that Atkins, one of the companies' directors, attempted to deposit personal cheques totaling $50.0M into Surface Pro Surfaces' bank account drawn from the RBC account of his deceased father. The cheques were returned because RBC had no record of Atkins having any executorship or authority over this account. It was also discovered that an employee had attempted to negotiate cheques payable to Surface Pro Surfaces in the accounts of other related companies over which RBC does not have security. The companies have also not been forthcoming with RBC about the status of any priority obligations owing to CRA. Deloitte was appointed receiver. Counsel is BLG for the applicant and Torys for the receiver.
Divestco (TSX:DVT), a Calgary, Alberta-based energy geoscience services company that provides a comprehensive and integrated portfolio of data software and services to the oil and gas industry, filed for protection under the CCAA on March 4, listing approximately $20.9MM in liabilities. The company has been significantly impacted by the ongoing financial downturn affecting the oil and gas industry in Canada. This decrease in revenue, coupled with legacy administrative overheads, has placed significant stress on the company's cash flow. As a result, the company has needed to raise significant amounts of capital to fund the business losses, placing the company at a competitive disadvantage. The holders of secured loans that had been funding the company to continue its operations are no longer willing to provide further funding without a restructuring. Through these CCAA proceedings, the company expects to secure commitments for up to an aggregate amount of $1.5MM in DIP financing from certain of its directors, officers and existing shareholders. Grant Thornton was appointed monitor. Field Law is counsel to the company.
Pro Glass Services, a Mississauga, Ontario-based window and glass repair company, filed for bankruptcy on February 7, listing $953.2MM in liabilities, including $417.0M to CRA. msi Spergel is the bankruptcy trustee.
Sandpaul Investments, a Thunder Bay, Ontario-based property management company, was placed in receivership on January 21 on application by RBC. BDO was appointed receiver. Dentons is counsel to the applicant.
Nordan Group, a Cambridge, Ontario-based company that designs and produces multi-material marketing displays, was placed in receivership on January 11. Dodick Landau was privately-appointed receiver. In December 2018, the company made an assignment in bankruptcy and Scott, Pichelli and Easter acted as the bankruptcy trustee. The company's assignment was an event of default under its security agreement with BNS and, consequently, the BNS security became enforceable.
Kodiak Group of Companies, a St. Albert, Alberta-based full service wireline company with operations throughout Western Canada and the US, was placed in receivership on January 10 on application by ATB Financial. EY was appointed receiver. Norton Rose Fulbright is counsel to the applicant.