All Canadian Investment Corporation

Updated August 19, 2019

This page is for information purposes only and you should consult your professional advisor if you have any questions or are uncertain as to your rights or obligations.

On November 10, 2017, All Canadian Investment Corporation (“ACIC”) obtained a court order (the “Initial Order”) from the Supreme Court of British Columbia pursuant to the Companies’ Creditors Arrangement Act (“CCAA”). Boale, Wood & Company Ltd. has been appointed as Monitor.

The Initial Order provided ACIC with a Stay of Proceedings against all actions by the company’s creditors, including investors, until December 9, 2017.

Since the date of the Initial Order there have been several Orders made copies of which are provided below along with other documents filed in these proceedings.

On June 11, 2018, the Court extended the stay of proceedings until September 7, 2018, to allow time for ACIC to develop its Plan including a claims process and determination of the creditor/shareholder classes for the purpose of distributions under the Plan.

On an application of ACIC, the Court granted an Order approving the sale of Lot 5 of the Garden Bay Properties on August 30, 2018

On September 6, 2018, on an application of ACIC, the Court granted an extension of the stay of proceedings until November 7, 2018, to allow time for ACIC to further develop its Plan for the stakeholders including a claims process and determination of the creditor/shareholder classes for the purpose of distributions under the Plan.

On October 19, 2018, the Court granted a short extension of the stay of proceedings from November 7, 2018 to November 14, 2018 and a hearing is scheduled on November 9, 2018 with respect to this matter.

On October 29, 2018, a hearing was scheduled with respect to an application that has been made by counsel for BDO Canada LLP for an Order requiring the Petitioner to post security for costs with respect to the action commenced by the Petitioner against BDO Canada LLP.

On November 9, 2018, the Court pronounced an Order in the CCAA proceedings, amongst other things, extending the stay to Thursday, November 22, 2018, suspending the power and authority of Don Bergman over the Petitioner’s property or business, and expanding the powers and authority of the Monitor.

On November 22, 2018, the Court granted an Order in the CCAA proceedings extending the stay of proceedings to January 25, 2019. The next hearing in the CCAA proceeding is scheduled for Friday, January 11, 2019.

On December 4 & 7, 2018 the Monitor attended Court to seek approval to release certificates of pending litigation against the Beta properties that are owned by the Censorio group of companies to allow for the sale of the Beta properties to proceed.  Upon hearing from counsel for the Petitioner, Monitor and Peter Censorio, Mr. Justice Walker Ordered that the Monitor be authorized to instruct Watson Goepel LLP to execute and deliver releases of the certificates of pending litigation for the Beta properties.

On January 11, 2019, an Order was pronounced by Mr. Justice Walker in the CCAA proceedings dealing with the protocol for an application with respect to the classification of the Preferred Shareholders.

On January 18, 2019, the Petitioner made an application for a further extension of the stay of proceedings to April 26, 2019. All the relevant material for the Application and the Monitor’s 11th Report have been updated below.

On January 23, 2019, the Court granted an Order in the CCAA proceedings extending the stay of proceedings to May 3, 2019.

On April 26, 2019, the Court granted an Order in the CCAA proceedings extending the stay of proceedings to October 1, 2019.

On an application of ACIC, the Court granted an Order approving the sale of Lot 137 on August 1, 2019. A copy of the Order Made After Application dated August 1, 2019 is available below.

On an application of ACIC, the Court granted an Order approving the sale of Unit 1703 on August 15, 2019. A copy of the Order Made After Application dated August 15, 2019 is available below.

For further information on this proceeding, please contact John McEown at (604) 605-3335 or at jmceown@boalewood.ca

Preferred Shareholders Application

The Preferred Shareholders Application is an application made by ACIC for directions with respect to the classification of preferred shareholders which formally requested redemption of their shares prior to November 10, 2017, the date the CCAA proceedings commenced. The hearing of this application was originally scheduled to commence on April 24, 2019.

The Preferred Shareholders Application was rescheduled and is now scheduled to proceed June 18, 2019.

Notice of Application dated January 24, 2019 – Registry Stamped January 25, 2019
Bergman Affidavit # 10 dated January 24, 2019 – Registry Stamped January 25, 2019
Affidavit # 2 of Hand-Uwe Andersen – Registry Stamped April 10, 2019
Application Response of Redeeming Shareholders – Registry Stamped April 10, 2019
Bergman Affidavit # 12 dated May 23, 2019 – Registry Stamped May 23, 2019
Application Response of the Non-Redeeming Shareholders – Registry Stamped May 23, 2019
Affidavit # 1 of Allan Backman – Registry Stamped June 12, 2019
Affidavit # 1 of James Hancock – Registry Stamped June 12, 2019
Application Response of 1083163 Alberta Ltd. – Registry Stamped June 12, 2019
Application Response of James Hancock – Registry Stamped June 12, 2019

Preferred Shareholders Application for March 26, 2019

Notice of Application dated March 15, 2019 – Registry Stamped March 15, 2019
Affidavit # 1 of H. Andresen
Affidavit # 1 of G. Parfenuik
Affidavit # 1 of J. Wolska

 

Court Orders
Initial Order
Extension Order dated December 5, 2017
Approval and Vesting Order dated January 24, 2018
Order Made After Application dated March 7, 2018
Order Made After Application dated April 11, 2018 – Registry Stamped April 16, 2018
Order Made After Application dated June 11, 2018 – Registry Stamped June 11, 2018
Order Made After Application dated August 30, 2018 (Approval and Vesting Order) – Registry Stamped August 30, 2018
Order Made After Application dated September 6, 2018 – Registry Stamped September 6, 2018
Order Made After Application dated October 19, 2018 – Registry Stamped October 19, 2018
Order Made After Application dated November 9, 2018 – Registry Stamped November 22, 2018
Order Made After Application dated November 22, 2018 – Registry Stamped November 22, 2018
Order Made After Application dated December 7, 2018 – Registry Stamped December 7, 2018 
Order Made After Application dated January 11, 2019 – Registry Stamped January 11, 2019
Order Made After Application dated January 23, 2019 – Registry Stamped January 23, 2019
Order Made After Application dated March 26, 2019 – Registry Stamped May 14, 2019
Order Made After Application dated April 5, 2019 – Registry Stamped May 14, 2019
Order Made After Application dated April 26, 2019 – Registry Stamped April 26, 2019
Order Made After Application dated August 1, 2019 – Registry Stamped August 1, 2019
Order Made After Application dated August 15, 2019 – Registry Stamped August 15, 2019

Other Court Documents
Petition to Court
Bergman Affidavit # 1 dated November 7, 2017
Bergman Affidavit #2 dated November 30, 2017
Notice of Application for Extension of Stay – Registry Stamped November 30, 2018
Bergman Affidavit #3 dated January 19, 2018
Notice of Change of Lawyer – Registry Stamped February 15, 2018
Bergman Affidavit #4 dated March 1, 2018
Notice of Application for Extension of Stay – Registry Stamped March 2, 2018
McEown’s Affidavit # 1  dated March 6, 2018 in Support of Petitioner’s Application to extend the Stay Period to April 11, 2018
Notice of Application for Extension of Stay – Registry Stamped April 6, 2018
Bergman Affidavit # 5 dated April 6, 2018 – Registry Stamped April 6, 2018
Kwok’s Affidavit # 1 – Registry Stamped April 9, 2018
Notice of Application for Extension of Stay – Registry Stamped June 7, 2018
Bergman Affidavit # 6 dated June 7, 2018 – Registry Stamped June 11, 2018
Notice of Application – Registry Stamped August 27, 2018
Bergman Affidavit # 7 dated August 27, 2018 – Registry Stamped August 29, 2018
Notice of Application for Extension of Stay – Registry Stamped September 4, 2018
Bergman Affidavit # 8 dated August 31, 2018 – Registry Stamped September 5, 2018
Notice of Application dated October 18, 2018 (unfiled copy)
Requisition to Schedule November 9, 2018 Hearing – Registry stamped October 23, 2018
Notice of Application – Registry Stamped November 6, 2018
Bergman Affidavit # 9 dated November 5, 2018 – Registry Stamped November 6, 2018
Notice of Application – Registry Stamped November 20, 2018
Requisition to Schedule January 11, 2019 Hearing – Registry stamped November 27, 2018
Requisition to Confirm December 4, 2018 Hearing – Registry stamped November 30, 2018
Notice of Application – Registry Stamped December 3, 2018
Affidavit # 2 of Joseline Kwok – Registry Stamped December 3, 2018
Requisition reschedule to December 7 hearing – Registry Stamped December 5, 2018
Affidavit # 3 of Joseline Kwong dated December 6, 2018
Affidavit # 1 of P. Censorio dated December 6, 2018 (unfiled copy)
Notice of Application filed January 18, 2019 – Registry Stamped January 18, 2019
Notice of Application – Extension – Registry Stamped April 24, 2019
Bergman Affidavit # 11 dated April 24, 2019 – Registry Stamped April 25, 2019
Notice of Application S1710393 – registry stamped 26 July 2019
Affidavit #1 of C. Cochrane – registry stamped 26 July 2019
Affidavit #1 of D. Milligan – registry stamped 26 July 2019

Monitor’s Report
Monitor’s First Report to Court dated November 30, 2017
Monitor’s Second Report to Court dated January 22, 2018
Monitor’s Third Report to Court dated April 9, 2018 – Registry Stamped April 10, 2018
Monitor’s Fourth Report to Court dated June 8, 2018 – Registry Stamped June 8, 2018
Monitor’s Fifth Report to Court dated August 28, 2018 – Registry Stamped August 29, 2018
Monitor’s Sixth Report to Court dated September 5, 2018 – Registry Stamped September 6, 2018
Monitor’s Report on Cash Flow Statement dated September 13, 2018 – Registry Stamped September 13, 2018
Monitor’s Seventh Report to Court dated October 23, 2018 – Registry Stamped October 24, 2018
Monitor’s Eighth Report dated November 8, 2018 – Registry Stamped November 8, 2018
Monitor’s Ninth Report to Court dated November 20, 2018 – Registry Stamped November 20, 2018
Monitor’s Tenth Report to Court dated December 3, 2018 – Registry stamped December 3, 2018
Corrigendum to the Monitor’s Tenth Report to Court dated December 3, 2018 (unfiled copy)
Monitor’s Eleventh Report to Court dated January 21, 2019 – Registry Stamped January 22, 2019
Monitor’s Twelfth Report to Court dated April 24, 2019 – Registry Stamped April 24, 2019
Monitor’s Twelfth Report dated April 24, 2019 – Amended with Appendices
Monitor’s Thirteenth Report to Court dated May 3, 2019 – Registry Stamped May 3, 2019
Monitor’s Fourteenth Report to Court dated July 30, 2019 – Registry Stamped July 30, 2019

Monitor’s Reports on Cash Flow Statement
Monitor’s Report on Cash Flow Statement dated November 30, 2017
Monitor’s Report on Cash Flow Statement dated September 13, 2018
Monitor’s Report on Cash Flow Statement dated November 7, 2018

All Canadian Investment Corporation v. BDO Canada LLP

Affidavit #1 of D Bergman S1710393 (1 of 2) filed November 8, 2017
Affidavit #1 of D Bergman S1710393 (2 of 2) filed November 8, 2017
Notice of Civil Claim filed March 1, 2018
Counterclaim filed March 29, 2018
Response to Counterclaim of ACIC, Filed April 18 2018
Third Party Notice filed April 19, 2018
Response to Third Party Notice of D. Bergman filed June 8, 2018
Affidavit #6 of D Bergman S1710393 filed June 11, 2018
Notice of Application filed June 25, 2018
Notice of Application filed July 20, 2018
Affidavit # 1 of A Greer filed July 20, 2018
Affidavit #1 of A Spencer filed July 20, 2018
Affidavit of J Johnson filed July 20, 2018
Affidavit of Z Hecimovic filed July 20, 2018
Application Response filed August 9, 2018v
Affidavit #1 of J. McEown filed August 9, 2018
Affidavit #1 of D Bergman filed August 13, 2018
Affidavit #2 of A Greer filed August 20, 2018
Court Order re BDO Security for Costs Application dated November 23rd , 2018

Creditors
Notice to Creditors

Other Information
Creditor List
Service List
Email Service List