#Filing
Application Response of Amicus Curiae in response to the notice of application of 08917758.C. Ltd. (the "Company") filed 12 April 2019 — Application / notice of application
0891775 B.C. Ltd. (formerly Harvest Fraser Richmond Organics Ltd.)
FollowActive
- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985 c. C-36
Filings held82
Last activity18 Apr 2019
On the record2,901 days
OverviewSummary updated
0891775 B.C. Ltd., formerly Harvest Fraser Richmond Organics Ltd., is the subject of proceedings under the Companies' Creditors Arrangement Act in the Supreme Court of British Columbia, commenced October 12, 2018 on the application of Harvest Fraser Richmond Organics Ltd. Ernst & Young, Inc. is the monitor. The proceeding remains active. A reported list of claims records unsecured creditors including Green Mountain Technologies Inc at USD 91,898.10, S&L Welding and Fabricating at CAD 79,513.00, Environmental Odour Consulting at CAD 58,859.11, and Otter Co-op at CAD 48,631.58, among many other suppliers.
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Proceedings AIAsk this case — answers cite the filings
Case updates82 dated entries
#Filing
Order made after Application (Administrative Charge Expansion) — Application / notice of application
79 earlier updates, back to 12 October 2018 — subscribers.
Parties
Debtor
0891775 B.C. Ltd. (formerly Harvest Fraser Richmond Organics Ltd.)
Monitor
EY
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Walker | Supreme Court of British Columbia | 14 orders, Oct 2018 – Apr 2019 | 23 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorEY | Dentons Canada LLP | 24 Oct 2018 | Service list · 24 Oct 2018 |
| Debtor0891775 B.C. Ltd. (formerly Harvest Fraser Richmond Organics Ltd.) | Goodmans LLP | 6 Feb 2019 | Service list · 6 Feb 2019 |
| CreditorBank of Montreal | Lawson Lundell LLP | 24 Oct 2018 | Service list · 24 Oct 2018 |
| CreditorPillar Capital Corp | Fasken Martineau DuMoulin LLP | 27 Nov 2018 | Service list · 27 Nov 2018 |
| CreditorPort of Vancouver | Owen Bird Law Corporation | 24 Oct 2018 | Service list · 24 Oct 2018 |
| CreditorSteven Smithers | Le Dressay & Company | 27 Nov 2018 | Service list · 27 Nov 2018 |
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Unsecured | Green Mountain Technologies Inclisted address in USA; amount column headed $CAD but currency conversion not stated — debtor: Harvest Fraser Richmond Organics Ltd. | $91.9K USD | List of Creditors as at 12 Oct 2018 |
RecoveriesAs stated in the filings
Unsecured creditors: a distribution.Under the plan · vote pendingThe purpose of this eleventh report (the “Eleventh Report”) is to… · 13 Mar 2019
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Unsecured | Related Parties (collectively) | — | a distribution | Under the planvote pendingper the monitor | The purpose of this eleventh report (the “Eleventh Report”) is to… · 13 Mar 2019 |
| Unsecured | — | — | a distribution | Under the planvote pendingper the monitor | The purpose of this eleventh report (the “Eleventh Report”) is to… · 13 Mar 2019 |
| Unsecured | Harvest Power Canada, Ltd. ("Harvest Canada") | — | a distribution | Under the planvote pending | Application Response of Amicus Curiae in response to the notice of… · 18 Apr 2019 |
Each row is one filing's statement, copied as it reads and never computed. "Estimated" is the officer's forecast; "Under the plan" is the plan's or proposal's own term; "Final" is a declared or paid distribution; a row with no chip states no footing. A range is the two numbers stated; "of proven claims" is the document's own denominator.
Fees and ratesAs stated in the filings
1 engagement · 1 firm — EY Orenda Corporate Finance Inc., —The purpose of this eighth report of the Monitor (the “Eighth Report”)… · 8 Feb 2019
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| EY Orenda Corporate Finance Inc.Monitor | — | — | ••• | •••2 people | The purpose of this eighth report of the Monitor (the “Eighth Report”)… · 8 Feb 2019 |
Documents
82 filings
| Date | Document | File |
|---|---|---|
Application Response of Amicus Curiae in response to the notice of application of 08917758.C. Ltd. (the "Company") filed 12 April 2019
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Order made after Application (Administrative Charge Expansion)
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Order made after Application (Sanction Order)
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| Affidavit Lynette Grillandini re letter from Deacon Liddy and Sarah Legg to counsel for the VFPA | PDF · Subscribers | |
| Affidavit of Christopher Mirick to provide additional background information regarding two topics: (a) the 2017 transaction by which HFRO transferred the equity it owned in Harvest Wood Recycling Holdings Ltd. to Harvest Power Canada Ltd.; and (b) the financial relationship between Harvest Power, Inc. (and other non-Canadian entities in the Harvest Group) and the Canadian entities in the Harvest Group | PDF · Subscribers | |
Notice of Application filed with respect to orders sought: 1. The Company seeks the following orders: (a) an order (the "Sanction Order") in substantially the form of draft order attached hereto as Schedule "A"; (b) an order that McMillan LLP, as to its reasonable legal fees and disbursements incurred at its standard rates in respect of Mr. Peter Reardon's appointment as amicus curiae pursuant to this Court's order made March 26, 2019, receive the benefit of the Administration Charge established pursuant to paragraph 41 of the Initial Order made in this proceeding on October 12, 2018, as amended and restated on November 30, 2018; and (c) such further and other relief as counsel for the Company may advise and the Supreme Court of British Columbia deems appropriate
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| Requisition filed to set the hearing of the Petitioner's application for a Sanction Order and other relief ancillary to the ARIO pronounced 30 Oct 2018 on 17 April 2019 | PDF · Subscribers | |
| The purpose of this twelfth report (the “Twelfth Report”) is to provide the Supreme Court of British Columbia with information regarding: a) the Monitor’s communication with the Amicus; b) creditor notification of the Meeting; c) the conduct and results of the vote at the Meeting; d) related parties proof of claims; e) the conditions that must be satisfied by the Company in order for this Honourable Court to sanction the Plan; f) the conditions that must be satisfied or waived by the Company in order to be able to implement the Plan; g) the Monitors view on the fairness of the Plan; h) budget to actual analysis of the cash flow forecast contained in the Monitor’s Eleventh Report (the “Eleventh Report Forecast”); i) a revised cash flow forecast (the “Twelfth Report Forecast”); j) the Company’s request for an extension of the Stay of Proceedings up to and including the Distribution Date; and k) the Monitor’s recommendations | PDF · Subscribers | |
Plan of Arrangement (as approved at Meeting) - blackline
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| Schedule A - Excluded Equipment | PDF · Subscribers | |
| Schedule B - Temporary Licence Agreement | PDF · Subscribers | |
| Schedule C - Lease Termination Agreement | PDF · Subscribers | |
| Schedule D - Credit Agreement | PDF · Subscribers | |
| Schedule E - Option to Purchase Equipment | PDF · Subscribers | |
Plan of Compromise and Arrangement
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Order Made After Application (Amicus Curiae)
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Service List as at 21 Mar 2019
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| Convenience Creditor Election | PDF · Subscribers | |
Draft Plan of Compromise and Arrangement
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General Unsecured Creditor Class Proxy
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Newspaper Notice of Meeting
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| Plan Information Letter | PDF · Subscribers | |
This report is supplemental to the Monitor’s Eleventh Report dated March 13, 2019 and is prepared to supplement the information previously provided in regards to the site restoration obligations as further described herein
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Order Made After Application (Amending Style of Cause)
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Order Made After Application (Meeting Order)
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| Application Record Cover Page and Index | PDF · Subscribers | |
| Notice of Application by Applicant for orders sought: 1. An Order (the "Meeting Order") in substantially the form of draft order attached hereto as Schedule "A", which, among other things, (a) abridges the time for service of this Notice of Application such that the Notice of Application is properly returnable on March 15, 2019 and service thereof on any interested party is dispensed with; (b) authorizes and directs the Company to convene a meeting of its creditors to vote on a plan of compromise and arrangement; (c) provides for an extension of the stay of proceedings to April 30, 2019; and (d) further to the Claims Process Order pronounced in this proceeding on November 13, 2018, sets and approves the Post-Filing Claims Bar Date, as such term is defined in the Claims Process Order, to 5:00 p.m. (Vancouver Time) on April 5, 2019. 2. An Order that the style of cause be amended to substitute the name of the Petitioner from "Harvest Fraser Richmond Organics Ltd." to "0891775 B.C. Ltd.", to reflect the Petitioner's name change, as set out in the attached Schedule "B". 3. Such further and other relief as counsel for the Petitioner may advise and the Supreme Court of British Columbia deems appropriate | PDF · Subscribers | |
Service List as at 14 Mar 2019
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The purpose of this eleventh report (the “Eleventh Report”) is to provide the Supreme Court of British Columbia with information regarding: a) the Proofs of Claims (defined below) received; b) authorization and direction with respect to filing a Plan of Compromise and Arrangement as described herein; c) establishing the procedure for the Company to call, hold, and conduct the meeting of its creditors to consider and vote on the Plan (defined below); d) budget to actual analysis of the forecast in the Monitor’s Ninth Report (the “Ninth Report Forecast”); e) a revised forecast (the “Eleventh Report Forecast”); f) the Company’s request for an extension of the Stay of Proceedings up to and including April 30, 2019; and g) the Monitor’s recommendations
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Order made after Application (Sealing Order Aff.1 of M. Dominguez)
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| Order made after Application Notice of Application of Steven Smithers on 25 Jan 2019 has been struck | PDF · Subscribers | |
Order made after Application (Sealing Order)
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Service List as at 19 Feb 2019
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| This report is supplemental to the Monitor’s Eighth Report. At hearings within these proceedings on January 28, 2019, Mr. Justice Walker raised an observation that there was little evidence on the record from the Monitor regarding Ernst & Young’s prior involvement with the debtor and related parties. Further, on February 4, 2019, Mr. Justice Walker raised this observation, as well as three (3) additional observations, by way of a memorandum to counsel dated (“Memo to Counsel”), a copy of which was attached as Appendix “A” to the Eighth Report. On February 8, 2019, the Monitor filed its “Eighth Report” the purpose of which was to, a) provide this Honourable Court with a full account of Ernst & Young’s prior involvement with HFRO and its related parties, and b) report on the conflict of interest allegations made by Mr. Smithers by way of the Injunction Application (defined in the Eighth Report) and remarks to this Honourable Court during the Court hearings of December 20 and 21, 2018. At hearings within these proceedings on February 11, 2019, Mr. Justice Walker asked that the Monitor file with this Honourable Court a copy of the “2018 Engagement Letter” referenced in the Eight Report; a copy of which is attached hereto as Appendix “A”. The 2018 Engagement Letter is dated September 3, 2018. The Scope Expansion letter referred to in the Eighth Report, dated September 26, 2018, is attached hereto as Appendix “B”. In addition to Mr. Smithers’ assertions respecting Ernst & Young, Mr. Smithers has questioned whether HFRO misled this Honourable Court with respect to its solvency in its application for the Initial Order. In particular, Mr. Smithers has drawn this Honourable Court’s attention to the timing pursuant to which HFRO recognized in its books and records the contingent liability associated with the remediation obligation (the “Remediation Obligation”) under the Port Lease (defined in the Proposed Monitor’s Report). In particular, Mr. Smithers indicates that HFRO filed financial statements as at August 31, 2018 in connection with its application for the Initial Order. In these statements, HFRO had not accrued for the Remediation Obligation; whereas when the Monitor investigated certain allegations of Mr. Smithers in respect of the CCAA Proceedings and reported on this investigation in its “Sixth Report”, the Monitor referenced HFRO’s October 31, 2018 financial statements that reflected an accounting entry that had been made to accrue for the Remediation Obligation of approximately $16 million (the “Remediation Obligation Entry”). As the Monitor has noted in its previous reports, Ernst & Young Inc. (“EYI”) was retained by HFRO in the beginning of September to assist it in, among other things, evaluating its options (the “Restructuring Advisor”). Mr. Justice Walker has noted that EYI was retained during the period the Remediation Obligation Entry was made and has sought more information on what advice EYI may have provided in regard to that entry and other matters pertaining to HFRO’s solvency. It is worthy of note that had EYI not been retained by HFRO in advance of the CCAA filing that the information provided to this Honourable Court in the Proposed Monitor’s Report would not have been available to this Court for purpose of the initial application, except by way of debtor affidavit. The purpose of this tenth report of the Monitor (the “Tenth Report”) is to provide this Honourable Court with information pertaining to the foregoing | PDF · Subscribers | |
Order made after Application (Extending Stay to March 15, 2019)
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| Notice of Application for orders sought: 1. An Order that the time for service of this Notice of Application be abridged such that the Notice of Application is properly returnable on February 14, 2019 and service thereof on any interested party is dispensed with. 2. An Order that the stay of proceedings provided for in the Initial Order in these proceedings on October 12, 2018, as amended and restated, be continued and extended to and including March 15, 2019 | PDF · Subscribers | |
| The purpose of this ninth report (the “Ninth Report”) is to provide the Supreme Court of British Columbia with information regarding: a) an update with respect to the Plan Concept and Form of Plan (both, defined below); b) budget to actual analysis of the forecast in the Monitor’s Seventh Report (the “Seventh Report Forecast”); c) a revised forecast (the “Ninth Report Forecast”); and d) HFRO’s request for an extension of the Stay of Proceedings to March 15, 2019 | PDF · Subscribers | |
| Requisition to set the hearing of the Petitioner's application for an extension of the stay of proceedings on 24 Feb 2019 filed on 12 Feb 2019 | PDF · Subscribers | |
The purpose of this eighth report of the Monitor (the “Eighth Report”) is to, a) provide the Supreme Court of British Columbia with a full account of Ernst & Young’s prior involvement with HFRO and its related parties, and b) report on the conflict of interest allegations made by Mr. Smithers
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Service List as at 06 Feb 2019
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| Application Response by HFRO to the Notice of Application of Steven G. Smithers filed January 25, 2019 | PDF · Subscribers | |
Order made after Application (stay extension and lock blocks)
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Affidavit of Alexandra Andrisoi with exhibits pertaining to various communications in proceedings
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| Application response of the Petitioner, Harvest Fraser Richmond Organics Ltd. to the Notice of Application of Steven G. Smithers filed January 25, 2019 | PDF · Subscribers | |
| Affidavit with exhibits including: a) copy of the affidavit sworn in Supreme Court of British Columbia proceedings number S1812793 Vancouver Registry on December 2, 2019; b) copy of the Environmental Appeal Board decision for the Province of British Columbia No: 2016-EMA-175(a) dated April 4, 2017; and c) copy of the Environmental Appeal Board for the Province of British Columbia No; 2016-EMA-175(b) and 2016-EMA-G08 dated May 12, 2017 | PDF · Subscribers | |
Order sought to: In the alternative, an order that the Monitor, Ernst & Young Inc. be removed as monitor in these proceedings, and another monitor substituted for Ernst & Young Inc., that substitute monitor being subject to further order of this court approving the substitute monitor in these proceedings. In the alternative, an order that, if the injunction sought by Mr. Steven Smithers in Supreme Court of British Columbia Action Number S1812793, Vancouver Registry is granted to Mr. Steven Smithers to proceed against Harvester Fraser Richmond Organics Ltd. in those arbitration proceedings filed in the British Columbia International Commercial Arbitration Centre under number DCA 1985 before the arbitrator, Mr. Simon Margolis, Q.C., and that the stay proceedings against Harvest Fraser Richmond Organics Ltd. by order pronounced October 12, 2018 and as extended by further orders thereafter, be lifted for Mr. Steven Smithers to proceed against Harvest Fraser Richmond Organics Ltd. in those arbitration proceedings
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Service List as at 24 Jan 2019
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| The purpose of this seventh report (the “Seventh Report”) is to provide the Supreme Court of British Columbia with information regarding: a) an update regarding the operations of HFRO; b) the activities of the Monitor since the date of the ARIO (November 30, 2018); c) an eight (8) month site interim remediation plan developed by HFRO, together with the Monitor; d) the Able Auctions Proposal (defined below) to liquidate certain limited assets of HFRO; e) the solicitation of interest by HFRO for parties to acquire or assume the operations of HFRO going forward; f) discussions regarding the conceptual framework of a Plan of Arrangement (the “Plan Concept”); g) budget to actual analysis of the forecast in the Monitor’s Third Report (“Third Report Forecasts”); h) a revised forecast (the “Seventh Report Forecast”); i) HFRO’s request for an extension of the Stay of Proceedings; and j) the Monitor’s Recommendations | PDF · Subscribers | |
| Orders are sought for: a) An Order that the time for service of this Notice of Application be abridged such that the Notice of Application is properly returnable on January 28, 2019 and service thereof on any interested party is dispensed with. b) An Order that the stay of proceedings provided for in the Initial Order in these proceedings on October 12, 2018 be continued and extended to and including February 18, 2019. c) An Order that the sale of the interlocking blocks formerly used by the Company for its CASP system, as herein defined, pursuant to the proposal and agreement between the Monitor, on behalf of the Company, and Able Auctions and attached as Schedule A to this Notice of Application, be approved | PDF · Subscribers | |
| The purpose of this sixth report (the “Sixth Report”) is to report to the Supreme Court of British Columbia on the outcome of the Monitor’s investigations to date, in accordance with the December 21 Order, and in particular: a) a history of the transactions occurring in 2016 and 2017 related to the reorganization of the various entities involved in the proceedings (the “Reorganization Transactions”); and b) the results of the Monitor’s investigation to date with respect to the following matters: i. the sale or transfer of shares in the capital of Holdings by HFRO to its parent company, Harvest Canada; ii. the solvency of HFRO in or around September 21, 2018, when response materials were filed by HFRO in certain arbitration proceedings involving Mr. Smithers; iii. the lack of notice provided to Mr. Smithers’ in respect of the CCAA Proceedings; and iv. whether any material information was withheld by HFRO when it applied for an order authorizing the Monitor to terminate the Spruce Street Lease (as defined below) | PDF · Subscribers | |
Service List as at 17 Dec 2018
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| This report is written in response to the Honourable Mr. justice Walker's memorandum to counsel dated December 12, 2018 ("Memo to Counsel"). attached to this report as Appendix "A". The answers and relevant details pertaining to the questions in the memo were outlined in previous reports, and have been summarized and reproduced in this fifth report (the "FIfth Report") for convenience. Detailed procedural history is found in previous reports and will not be repeated herein | PDF · Subscribers | |
| This report is supplemental to the Monitor’s Third Report dated November 27, 2018. Detailed procedural history is found in previous reports and will not be repeated herein | PDF · Subscribers | |
Amended and Restated Initial Order
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| Blackline to Schedule A of Notice of Application (Amended and Restated Initial Order), returnable 30 Nov 2018 | PDF · Subscribers | |
Orders are sought as set out below: 1. An Amended and Restated Initial Order (the "ARIO") substantially in the form attached as Schedule "A" hereto, which, among other things, includes the following relief: (a) amending and restating the Initial Order pronounced October 12, 2018 to clarify the terms of the interim lending facility; (b) extending the stay of proceedings to and including January 31, 2019; and (c) seeking a court ordered charge on the assets of the Company in the amount of $130,000.00 to secure the Severance Obligations, as defined in the ARIO, of eligible employees (the "Retention Charge"). 2. Such further and other relief as counsel for the Company may advise
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Service List (enclosed with Nov 30 materials) dated 27 Nov 2018
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Service List as at 27 Nov 2018
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| The purpose of this third report (the “Third Report”) is to provide information to the Supreme Court of British Columbia in respect of the following: a) condensed background information; b) the solicitation of interest by parties to acquire or assume the operations of HFRO; c) creditor notification of the Claims Process; d) a new DIP Facility with Pillar Capital Corp.; e) the Proposed Retention Charge (defined below) proposed by the Monitor; f) cash flow forecasts through to March 31, 2019; g) HFRO’s request for an extension of the Stay Period; and h) the Monitor’s Recommendations | PDF · Subscribers | |
| Instruction Letter | PDF · Subscribers | |
| Notice to Creditors | PDF · Subscribers | |
| Proof of Claim Form | PDF · Subscribers | |
| Claims Package | PDF · Subscribers | |
Order made after Application (approving termination of lease)
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Order made after Application (claims process order)
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Order made after Application (extending stay of proceedings)
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Service List as at 13 Nov 2018
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| This report is requesting an extension of the stay of proceedings until November 30, 2018 | PDF · Subscribers | |
| Notice of Application | PDF · Subscribers | |
Service List as at
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| The purpose of this first report (the “First Report”) is to provide information to the Supreme Court of British Columbia in respect of the following: a) background information of HFRO and causes of its insolvency; b) the activities of the Monitor since the Initial Order was granted; c) operational considerations; d) the solicitation of interest by the HFRO for parties to acquire or assume the operations of HFRO going forward; e) site restoration considerations; f) the alternatives to a going concern outcome; g) the Proposed Claims Process (defined below); h) the Interim Financing Facility; i) budget to actual analysis since the Initial Order; j) the revised forecast (the “First Report Forecast”); k) HFRO’s request for an extension of the Stay Period; and l) the Monitor’s Recommendations | PDF · Subscribers | |
Service List as at 01 Nov 2018
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Service List as at 24 Oct 2018
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| Customers - FAQ | PDF · Subscribers | |
| Employees - FAQ | PDF · Subscribers | |
Entered Initial Order
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| Notice to Creditors sent 15 Oct 2018 | PDF · Subscribers | |
| Suppliers - FAQ | PDF · Subscribers | |
List of Creditors as at 12 Oct 2018
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| Affidavit of Clement Chan in support of an application by HRFO for relief pursuant to the Companies' Creditors Arrangement Act, R.S.C. 1985, C. C-36 as amended | PDF · Subscribers | |
| Petition to the Court - Filed | PDF · Subscribers | |
| Proposed Monitor's Report -signed w appendices | PDF · Subscribers | |
Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.
CiteProceedings., “0891775 B.C. Ltd. (formerly Harvest Fraser Richmond Organics Ltd.)” (CCAA), Supreme Court of British Columbia. Retrieved 20 September 2026, https://proceedings.ca/case/0891775-b-c-ltd-formerly-harvest-fraser-richmond-organics-ltd