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.

Flexcavators Canada

Flexcavators Canada, a Calgary, Alberta-based distributor of innovative excavation equipment and accessories, filed for bankruptcy on June 17, listing $487.0M in liabilities, including $115.6M to BDC. Grant Thornton is the bankruptcy trustee.

Station Point Developments

Station Point Developments, a company developing and constructing a 112 unit rental residential apartment in Edmonton, Alberta, was placed in receivership on June 17 on application by Kingsett, owed approximately $11.9MM. Construction of the project commenced in 2016 but has been plagued by a host of problems including being behind schedule, cost overruns, builders' liens being registered against the property and a litigious dispute between the developer and its general contractor, Fortis LGS Structures. The company was unable to repay its loan to KingSett when it matured in February 2019 and KingSett is unwilling to fund the estimated $6.9MM that is required to complete the project without the appointment of a trustee who has the ability to obtain construction advances from KingSett on a secured and first priority basis. KSV was appointed receiver. Counsel is McCarthy Tétrault for the applicant and Bennett Jones for the receiver.

Paserium Corporation

Paserium Corporation, owner of a series of condominium units in a mixed retail/commercial/residential project in Calgary, Alberta, was placed in receivership on June 13 on application by RBC, owed approximately $7.4MM. After a series of defaults in 2018, RBC intended to proceed by way of a foreclosure proceeding but soon realized that this alone would be insufficient to adequately protect the bank's security. Shortly after listing the properties for sale, RBC learned that the condominium was facing significant building repair issues. Additionally, one of the condo units that Paserium owns has been subdivided into approximately 70 rooms and is operated by Paserium as a business centre with shared office services and staff. RBC therefore decided that it would be best to appoint a receiver that could serve on the condo board and evaluate, and potentially operate, the business centre while the units were marketed for sale. Grant Thornton was appointed receiver. BLG is counsel for the applicant.

Octopus Holdings

Octopus Holdings, a Calgary, Alberta-based company that owns 40 units of a partnership owning a hotel and resort on the Island of St. Lucia in the West Indies, was placed in receivership on June 13 on application by the partnership's general partner, East Winds Resorts Ltd. Various of the partners, including Octopus Holdings, have been in litigation since 2014 relating to the operation of the resort, which has a history of incurring operational losses. In November 2018, the general partner took an assignment of a loan to Octopus Holdings' from BNS which was in default. In May 2019, it demanded repayment of the $5.0MM owing. The amount has not been repaid, and the general partner is now seeking to acquire the units through a stalking horse sales process. Hardie & Kelly was appointed receiver. Counsel is DLA Piper for the company and Parlee for the receiver.

Petrocapita Oil and Gas

Petrocapita Oil and Gas, a Calgary, Alberta-based oil and gas exploration company with operations in Alberta and Saskatchewan, was placed in receivership on June 11 on application by Safeway Holdings, owed approximately $8.1MM. The company attempted to sell its assets informally earlier in the year with the assistance of Sayer Energy Advisors but was unsuccessful, and it has admitted that it cannot repay the amounts due and owing to Safeway. Hudson & Company (GRIP) was appointed receiver. Counsel is Burnet, Duckworth & Palmer for the applicant, Bennett Jones for the company and Dentons for the receiver.

Clarocity (TSX-V: CLY)

Clarocity (TSX-V: CLY), a Calgary, Alberta-based technology company, was placed in receivership on June 11 on application by StableView Asset Management, owed, along with other debenture holders, approximately $23.7MM. The company, through its US subsidiaries, provides traditional and next-generation residential real estate valuation and inspection services throughout the United States, Puerto Rico and the US Virgin Islands using proprietary technology solutions which include data technologies, automated valuation techniques and software solutions intended to assist clients in completing their jobs faster and more accurately than traditional real estate valuation methods. The company has reached a point where its working capital has been exhausted and it does not have the funds to either advance its business or repay its lenders and investors. A sales and investment solicitation process was attempted in December 2017 but did not lead to a transaction, with prospective purchasers sharing their views that the company lacked historical profitability, had a high cash burn rate and its technology platform had not proven its ability to generate revenue. Recently, one party, iLOOKABOUT, has come forward with an offer for the company's assets, with a transaction to be completed through a receivership. Hardie & Kelly was appointed receiver. Counsel is DLA Piper and Boyle & Co for the applicant, Dentons for the company, BLG for the receiver and Cassels Brock for iLOOKABOUT.

Terra Nova Construction

Terra Nova Construction, a Calgary, Alberta-based construction company, was placed in receivership on May 17 on application by RBC, owed approximately $5.5MM. In addition to its failure to comply with its financial reporting requirements and its failure to advise the bank of any unfavourable change in its financial position, RBC suspected that the company had opened up another bank account for its day-to-day banking with a different financial institution, in breach of its loan agreement. Grant Thornton was appointed receiver. Counsel is McMillan for the applicant and Parlee McLaws for the company.

Bearspaw Country Club

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.

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