On May 14, 2021, by Order (the “Appointment Order”) of the Court of Queen’s Bench of Alberta (the “Court”), B. Riley Farber Inc. (“B. Riley Farber“) was appointed as receiver and manager (the “Receiver“), without security, of all of the current and future assets, undertakings and properties of every nature and kind whatsoever, and wherever situate, including all proceeds thereof (the “Property”) of Forthryte Services Inc. (“Forthryte“), pursuant to section 243(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3 (the “BIA”) and sections 13(2) of the Judicature Act, R.S.A. 2000, c. J-2, and 65(7) of the Personal Property Security Act, R.S.A. 2000, c. P-7.
The Appointment Order filed in relation to this matter is available below.
Status Updates
On July 5, 2021, the Court issued an Order (the “Approval and Vesting Order“) approving, among other things, the auction sale (the “Transaction“); and the vesting of all of Forthryte’s right, title and interest in and to the assets described in the Agreement (the “Purchased Assets“) in the Auctioneer.
The Court also issued a separate Order on July 5, 2021 (the “Restricted Court Access Order“) approving, among other things, the temporary restriction of public access to Confidential Appendices D-P (the “Confidential Appendices“) of the first report of the Receiver dated June 29, 2021 (the “First Report“).
The Approval and Vesting Order, Restricted Court Access Order, and First Report can be found below.
Creditor Enquiries
For creditor enquiries, please contact:
Erin Merrick
Associate | Restructuring
T: 416.496.3733
E: emerrick@brileyfin.com
The case updates and court filed documents on this website are for information purposes only and you should consult your financial or legal adviser if you have any questions or concerns about your rights or obligations. Additional updates on the status of these proceedings may become available in the future.
Documents
Application Materials
- Application to Appoint Receiver – May 14, 2021
- Consent to Act as Receiver – May 14, 2021
- Bench Brief of the Applicant – May 14, 2021
- Affidavit of Neil Thomas – May 7, 2021
- Statement of Claim – May 14, 2021
- Fiat – May 14, 2021
Court Orders
- Appointment Order – May 14, 2021
- Application (Sale Approval and Vesting Order; Restricted Court Access Order) – June 28, 2021
- Order of Justice Burns (Sale Approval and Vesting Order) – July 5, 2021
- Order of Justice Burns (Restricted Court Access Order) – July 5, 2021
- Order of Justice Feth (Discharge Order) – June 23, 2022
Receivership Documents
Receiver’s Reports
- First Report of the Receiver – June 29, 2021
- Second Report of the Receiver – June 13, 2022
- Supplemental Report to the Second Report of the Receiver – June 20, 2022
Sale Process
Service List