On May 5, 2020, Muskoka Grown Limited (the “Company”) filed a Notice of Intention to Make a Proposal (the “NOI”) under Section 50.4 of the Bankruptcy and Insolvency Act,¸ R.S.C 1985, c. B-3, as amended (the “BIA”) and A. Farber & Partners Inc. was appointed as trustee under the NOI (the “Proposal Trustee”).
The NOI filing provides for a stay of proceedings against the Company, pursuant to s. 69(1) of the BIA, subject to certain limitations, while the Company formulates a restructuring plan and attempts to develop a viable proposal for its creditors.
The Ontario Superior Court of Justice (Commercial List) (the “Court”) has issued several orders in respect of these NOI proceedings, which are posted below. Among other things, the Court has ordered that the time within which the Company is to make a proposal has been extended to October 17, 2020.
Sale and Investment Solicitation Process
The Court, by Order of Justice Koehnen dated August 4, 2020, has approved, among other things, a sale and investment solicitation process (the “SISP”), including and the bidding procedures for the SISP (the “Bidding Procedures”) and a “stalking horse” asset purchase agreement (the “Stalking Horse APA”) as a public, opening bid in the SISP. Details on the SISP, Bidding Procedures and Stalking Horse APA are posted below.
Interested parties may obtain a non-disclosure agreement by contacting the Proposal Trustee. The deadline for bids is 3:00 p.m. (Toronto time) on September 15, 2020.
SISP and Creditor Enquiries
For SISP and creditor enquiries, please contact:
Associate | Restructuring
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.
Court Orders & Endorsements
- Order of Justice Koehnen – May 6, 2020
- Endorsement of Justice Koehnen – May 6, 2020
- Endorsement of Justice Koehnen – May 8, 2020
- Signed Debentures attachment to Endorsement of Justice Koehnen – May 8, 2020
- Order of Justice Koehnen – July 17, 2020
- Order of Justice Koehnen – August 4, 2020
- First Report of the Proposal Trustee – May 5, 2020
- Second Report of the Proposal Trustee – July 13, 2020
- Third Report of the Proposal Trustee – July 27, 2020
- Motion Record of Muskoka Grown Limited – returnable May 6, 2020
- Factum of Muskoka Grown Limited – May 6, 2020
- Motion Record of Muskoka Grown Limited – July 13, 2020
- Factum of Muskoka Grown Limited – July 28, 2020
- Motion Record of Muskoka Grown Limited – July 28, 2020
- Factum of the Respondent – 2655060 Ontario Inc. – July 31, 2020
- Motion Record of the Respondent – 2655060 Ontario Inc. – July 31, 2020