On June 3, 2019, B. Riley Farber Inc. (“B. Riley Farber“) was appointed as an investigative receiver (the “Receiver”) pursuant to section 248(3) of the Business Corporations Act, R.S.O. 1990, c. B.16, as amended (the “OBCA”) and section 101 of the Court of Justice Act, R.S.O. 1990, c. C.43, as amended (the “CJA”) of Intercity Broadcasting Network Inc. (“IBN” or the “Debtor”) pursuant to an Order (the “Appointment Order”) of the Honourable Justice Conway of the Ontario Superior Court of Justice (Commercial List) (the “Court”).
The Receiver’s mandate is to investigate the affairs of the Debtor and report its findings to the Court by June 17, 2019. To be clear, the Receiver is not taking possession of nor operating the business of the Debtor.
Sale and Investment Solicitation Process
On July 2, 2020, the Court issued an Order (“SISP Order”) approving, among other things, the sale and investment solicitation process (the “SISP”) in relation to IBN and all of the assets, properties, and undertakings acquired for, or used in relation to the business carried on by IBN (the “Property”). The terms and conditions of the SISP are detailed in the SISP Order, a copy of which is available below.
On October 19, 2020, the Court issued an Order (the “Approval and Vesting Order”) approving, among other things, the sale transaction (the “Transaction”) and the vesting of IBN’s right, title and interest in and to the assets described in the Sale Agreement (the “Purchased Assets”) to 2784486 Ontario Limited subject to certain additional steps being taken and documents being executed. The parties have since completed the additional requirements and the Transaction was completed on September 20, 2021.
On October 19, 2020, the Court issued an order (the “Claims Process Order”) authorizing the Receiver to implement a process for determining creditor claims against IBN. (the “Claims Process”). The Claims Process Order establishes the procedures (the “Claims Procedures”) for conduct of the Claims Process.
Pursuant to the Claims Process Order, the Receiver is authorized to implement the Claims Process on a date that the Receiver considers appropriate. The Receiver has determined that the appropriate date for implementation of the Claims Process is September 20, 2021 (the “Claims Process Implementation Date”).
All persons who assert a claim against IBN or against directors and/or officers of IBN, must deliver a completed Proof of Claim along with all supporting documentation in respect of their Claim to the Receiver by 5:00 PM (Toronto time) on November 22, 2021 (the “Claims Bar Date”).
Completed Proofs of Claim must be delivered to the Receiver by no later than the Claims Bar Date. CLAIMS WHICH ARE NOT RECEIVED BY THE CLAIMS BAR DATE WILL BE BARRED AND EXTINGUISHED FOREVER.
A copy of the Notice of Claims Process, Claims Process Order (including the Claims Procedures) and Proof of Claim form (including instructions) (collectively, the “Creditors’ Package”) will be mailed out to the creditors whose details are available with the Receiver. The Creditors’ Package can also be found and downloaded from the Claims Procedure tab below.
If you have any other queries regarding this Claims Process, please contact the Receiver by telephone at 416-496-3733 or by email to Erin Merrick at firstname.lastname@example.org.
Public documents filed with or issued by the Court related to this proceeding including documents pertaining to the Claims Process may be viewed and/or downloaded from the index below.
For enquiries regarding the Claims Process, please contact:
For creditor or employee enquiries, please contact:
The purpose of this website is to provide documents to any interested persons regarding this proceeding. The documents listed below are in pdf format and can be viewed and/or downloaded. Please feel free to return to this website periodically for future updates on the status of these proceedings. Additional documents and information will be posted as it becomes available.
- Motion Record (1 of 3) – May 31, 2019
- Motion Record (2 of 3) – May 31, 2019
- Motion Record (3 of 3) – May 31, 2019
- Motion Record – October 13, 2020
- Motion Record (1 of 2) – March 22, 2023
- Motion Record (2 of 2) – March 22, 2023
Court Orders & Endorsements
- Order of Justice Conway (Appointment Order) – June 3, 2019
- Endorsement of Justice Conway – June 3, 2019
- SISP Order of Justice McEwen – July 2, 2020
- Endorsement of Justice McEwen – August 25, 2020
- Order of Justice McEwen (Approval and Vesting Order) – October 19, 2020
- Order of Justice McEwen (Ancillary Order) – October 19, 2020
- Order of Justice McEwen (Claims Process Order) – October 19, 2020
- Endorsement of Justice McEwen – October 19, 2020
- Endorsement of Justice McEwen – April 28, 2022
- Order of Justice McEwen – March 27, 2023
- Notice of Claims Process
- Proof of Claim
- Order of Justice McEwan (Claims Process Order) – October 19, 2021