Proceedings.

8640025 Canada Inc and Teliphone Data Centers Inc

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Proceeding
CCAACOMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
Court
Supreme Court of British Columbia
File
S-1610905
Filings held431
Last activity18 Aug 2022
On the record3,457 days
Secured debt$11.6M
OverviewSummary updated

8640025 Canada Inc and Teliphone Data Centers Inc have been in insolvency proceedings since 7 January 2022, when an interim order was granted. Ernst & Young Inc. brought the application and acts as monitor. The proceedings are recorded under court file no. S-1610905.

Claims processIf you are owed money

A claims procedure has been established — see the order for deadlines.

Per the Appendix B - Claims Process Order dated 8 August 2019.

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Case updates434 dated entries
#Filing

The purpose of this report (the “Eighteenth Report”) is to provide the Supreme Court of British Columbia with relevant information pertaining to, inter alia, the following: (a) the emergence of Teliphone Corp. in the within proceedings and its relationship with the Petitioners and TNW Networks Corp.; (b) the Interim Transaction Proceeds (defined below) paid by NCL in connection with the Vesting Order; and (c) the observations of the Monitor in response to the Monitor Replacement Application — Application / notice of application

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#Claims

Order of Justice Affeck: This Court orders and directs that: 1. On or before April 30, 2018, Teliphone Corp, TNW Wireless Inc., Cloud-Phone Inc., ChoiceTel Networks Ltd., Titan Communicates Inc., 8583498 Canada Ltd., Coastline Broadcasting Ltd., 9151-4877 Quebec Inc. d.b.a. Dialek Teleicom, Orion Communications Inc., New York Telecommunication Exchange Inc., and United American Corp. (USA Florida), (collectively, the “Teliphone Appellants”), and TNW Networks Corp. (“TNW" and collectively with the Teliphone Appellants, the "Proof of Claim Appellants”), shall file either their fulsome Notice(s) of Application or a Notice of Application with written submissions (collectively, the “Appeal Documents") for the rehearing of the appeal of the Monitor's disallowance of their proofs of claim (the “Rehearing"). The Appeal Documents shall set out any alleged extricable legal issues on appeal and/or the Teliphone Appellants' one factual issue on appeal. 2. Any party wishing to respond to the Appeal Documents must file either a fulsome Application Response or an Application Response with written submissions (collectively, the “Response Documents”) on or before May 14, 2018. 3. The Proof of Claim Appellants shall have until May 25, 2018 to reply with response material. 4. There will be no fresh evidence, i.e. no new affidavits filed, without leave of the Court to adduce fresh evidence and no written materials may be delivered after the dates set out above without leave of the Court — Proof of claim (blank form)

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#Report

The purpose of this report (the “Sixteenth Report”) is to provide this Honourable Court with information pertaining to, inter alia: a) the closing of the Second Transaction; b) the proposed transaction to sell the majority of the remaining Optional Purchased Assets, including the Disputed Assets to the Purchaser (the “Third Transaction”); c) other administrative matters; d) extension of the Stay of Proceedings; and e) the Monitor’s recommendations — Court officer report

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#Sale

The court granted an approval and vesting order for the sale to Navigata Communications Limited (formerly 1027637 Canada Inc.). Closing terms, as extracted: Vacant possession of the Schedule 'A' Assets, including any real property, delivered on the Option Closing Date.

Source: Appendix E - Second Vesting Order

#Sale

The court granted an approval and vesting order for the sale to Navigata Communications Limited (formerly 1027637 Canada Inc.). Closing terms, as extracted: vacant possession delivered at 12:00 noon on the Option Closing Date; vesting effective upon delivery of Monitor's Certificate.

Source: Order of Justice Affleck: This Court orders, directs and declares that: 1. The sale, assignment, transfer, and conveyance of all of the customer accounts held by, or in the name of, ChoiceTel Networks Ltd. and Titan Communications Inc., and the Optional Purchased Assets listed on Schedule A (collectively, the “Schedule “A” Assets”) to the Option Notice dated November 27, 2017, (the “Option Notice”) delivered pursuant to the Amended and Restated Asset Purchase Agreement dated September 20, 2017, (the “APA”) by Navigata Communications Limited (formerly 1027637 Canada Inc.) (the “Purchaser”) to the Monitor, a copy of which is attached as Appendix “A” to the Fifteenth Monitor’s Report is hereby approved. 2. The execution of the Option Notice by the Monitor is hereby authorized and approved, with such minor amendments as the Purchaser and the Monitor may deem necessary, and the Monitor is hereby authorized and directed to take such additional steps and execute such additional documents as may be necessary or desirable for the sale, assignment, transfer, and conveyance all of the Schedule “A” Assets to the Purchaser

#Report

The purpose of this report (the “Fifteenth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) financial considerations regarding the Disputed Assets and impact on creditor recovery; b) a second vesting order (the “Second Vesting Order") that will be sought by the Monitor in regard to certain Optional Purchased Assets; c) the fees payable to the Monitor with respect to the Solicitation Process; d) the recent actions of ITTC in regard to a staffing agreement with TNW Networks and the Monitor’s request for advice and directions thereto; and e) the Monitor’s conclusions and recommendations — Court officer report

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#Claims

The purpose of this report (the “Fourteenth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the activities of the Monitor leading up to the closing (the “Closing”) of the transaction (the “Transaction”) in respect of the Required Purchased Assets (term defined in the Twelfth Report) pursuant to the Revised Distributel APA; b) the Disputed Claims Process and the proofs of claim, or purported proofs of claim, filed by Teliphone Corp., and TNW Networks pursuant to paragraphs 12 of the Vesting Order; and the Monitor’s response thereto; and c) the Monitor’s recommendations — Claims procedure order

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#Sale

The court granted an approval and vesting order for the sale to 10276375 Canada Inc. Closing terms, as extracted: Vacant possession delivered at 12:00 noon on the Closing Date; Monitor may extend Closing Date with Purchaser's consent.

Source: Appendix D - September 15 Order

#Report

The purpose of this report (the “Supplement to the Twelfth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the Revised Distributel APA; b) elements of a proposed liquidation plan for approval in the event this Honourable Court does not approve the Revised Distributel APA, or if the Revised Distributel APA fails to complete; c) the request by the Shareholder Representatives to turn-over control of the Petitioners’ Business; d) commentary on proving ownership of assets; e) Telus payment default; f) the Monitor’s request for advice and directions; and g) the Monitor's conclusions — Court officer report

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#Report

The purpose of this twelfth report (the “Twelfth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) issues identified with the organizational chart relied upon by the Monitor and other key stakeholders in these proceedings; b) the events that lead up to the Enhanced Monitor Powers Order; c) Teliphone Corp. engagement in these proceedings; d) the TNW Network assets and other customer accounts; e) the Monitor’s commentary on the Disputed Assets (defined below); f) the RuralCom licenses; g) the Revised Distributel APA (defined below); h) alternatives to the revised Distributel APA; i) staffing agreement with ITTC; j) the conduct of the Monitor in these proceedings; and k) the Monitor’s recommendations — Court officer report

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#Report

The purpose of this eleventh report (the “Eleventh Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) a material adverse change in the financial circumstances of the Petitioners; b) the assets purportedly owned by other parties; c) the path forward; 7 d) increase in the New Monitor’s Charge; e) the Monitor’s request for an extension of the Stay Period; and f) the Monitor’s recommendations — Court officer report

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#Report

The purpose of this supplement to the tenth report of the Monitor (the "Tenth Supplemental Report") is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the Telus Disconnection Notice (as defined below) and relief requested by the Monitor in respect of this notice, including information pertaining to the funding of continued services, b) the Monitor's communication with the CRTC (as defined below), and c) responses to certain inquiries made of the Monitor by Telus by way of correspondence dated August 4, 2017 (the "Telus Inquiries Letter") — Court officer report

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#Sale

The court granted an approval and vesting order for the sale to 10276375 Canada Inc. Closing terms, as extracted: Vacant possession delivered at noon on Closing Date; Monitor may extend Closing Date with Purchaser's consent without further order.

Source: Order by Mr. Justice Macintosh made The sale transaction (the “Transaction”) contemplated by the Asset Purchase Agreement dated June 30, 2017 (the “Sale Agreement”) between the Monitor for and on behalf of the Companies and 10276375 Canada Inc. (the “Purchaser”), a copy of which is attached as Appendix E” to the Report is hereby approved, and the Sale Agreement is commercially reasonable

#Report

The purpose of this ninth report of the Monitor (the “Ninth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) condensed background information in respect of the Petitioners and the Group; b) cash flow for the period July 10 to February 15, 2018 (the “Ninth Report Forecast Period”); c) the extension of the stay of proceedings to February 15, 2018 as contemplated in the proposed sale approval and vesting order (the “Sale Approval and Vesting Order”); and d) the Monitor’s recommendations — Court officer report

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#Report

The purpose of this eighth report of the Monitor (the “Eighth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) condensed background information in respect of the Petitioners and the Group; b) the Solicitation Process and the asset purchase agreement (the “Distributel APA”) dated June 30, 2017 between the Monitor and 10276375 Canada Inc. (“102”), an affiliate of the Distributel Group of Companies (“Distributel”); c) a confidential supplemental report (the “Confidential Supplement”) that the Monitor will file prior to the hearing date for approval of the Distributel APA (the “Sale Approval and Vesting Order Application”); d) the transactions with United American Corp.; e) the intellectual property owned by the Group; f) the customer billing system; g) information provided to CRA in accordance with the order granted on June 28, 2017; h) the Monitor and its legal counsel’s fees and disbursement; i) the Monitor’s ninth report that will be filed in support of an extension of the stay of proceedings; and j) the Monitor’s recommendations — Court officer report

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#Filing

Order of Mr. Justice Bowden This Court orders and declares that: 1. the stay of proceedings is extended to July 14, 2017; 2. the directors and any other person purporting to exercise governance or control over the Companies are restrained from resolving to or otherwise causing the Companies, or any of them, from making voluntary assignments into bankruptcy; 3. The Application for an order directing any person who has control over the Companies’ email accounts to forthwith provide full access and control to such email accounts to the Monitor is adjourned sine die; 4. the Monitor is hereby authorized and directed to respond to and comply with Canada Revenue Agency’s Request for Information dated May 18, 2017; 5. the New Monitor’s Charge granted by Order in these proceedings on April 6, 2017 is hereby increased from $250,000 to $550,000; and 6. Sandeep Panesar shall forthwith provide to the Monitor details of the transaction surrounding the acquisition of TNW Networks Inc. by United American Corp (United Corp) including copies of all agreements related to or in anyway connected to such acquisition — Application / notice of application

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#Report

The purpose of this seventh report (the “Seventh Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) condensed background information in respect of the Petitioners and the Group; b) an update on the Monitor’s activities since it filed the Sixth Report; c) an update on the cash flow of the Petitioners, including: i. actual compared to forecast amounts for the period March 27, 2017 to June 23, 2017; ii. forecast for the period June 24, 2017 to July 31, 2017 (the “Seventh Report Forecast Period”); and iii. the requirement to defer pre-payments to the Network Providers and, in lieu of pre-payments, provide the Network Providers with a critical supplier charge; d) the provision of tariffed and mandated services from the Network Providers pursuant to the Orders and Tariffs of the CRTC; e) communications with the Canada Revenue Agency (“CRA”) and Revenu Quebec; f) the Monitor’s identification of additional creditors of the Petitioners that were not notified of these CCAA proceedings; g) issues with access to the Petitioners’ e-mail accounts maintained by Google; 10 h) the Teliphone Corp. claim; i) the retention of Lunny Atmore as legal counsel for Teliphone Corp.; j) the review of the assets of TNW Networks pursuant to Paragraph 6 of the Enhanced Monitor Powers Order; k) the Solicitation Process; l) the negotiations of an APA with the Selected Offeror; m) an update on the Claims Process; n) the prospect of alternative insolvency proceedings in respect of the Petitioners; o) the extension of the stay of proceedings; and p) the Monitor’s conclusions and recommendations — Court officer report

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#Report

Order of Justice Bowden made: This Court orders and declares that: The Claims Process Order made herein on January 30, 2017 is hereby amended by extending until April 30, 2017 the deadline set out in paragraph 25 thereof for the Monitor to send a Notice of Revision or a Notice of Disallowance to creditors who submitted a proof of claim asserting a secured claim. The Solicitation Plan attached as Appendix A to the Supplement to the Second Report of the Monitor dated January 19, 2017 is hereby amended by changing the deadlines for Steps 4, 5, 6 and 7 — Court officer report

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#Report

The purpose of this Sixth Report (the “Sixth Report”) is to provide this Honourable Court with information pertaining to: a) condensed background information in respect of the Petitioners and the Group; b) an update on the Monitor’s activities since it filed the Fifth Report; c) an update on operational matters; d) an update on the Solicitation Process; e) an update on the cash flow of the Petitioners, including: i. actual compared to forecast amounts for the period February 27, 2017 to March 24,2017; ii. revised cash flow forecast for the period March 20, 2017 to June 30, 2017; f) a requirement to increase the New Administration Charge in the event that a receivership order is not granted; g) an update on the claims process; h) an update on the Meetings; i) the further extension sought by the Petitioners; and j) the Monitor’s conclusions and recommendations — Court officer report

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#Filing

This Court Orders that: 1. The Application is adjourned to a date and time as set out below. 2. The Petitioners shall: (a) On or before 12:00 p.m. on March 20, 2017, have obtained $220,000 in additional financing, and provided the Monitor with proof thereof; (b) On or before 5:00 p.m. on March 21, 2017, have delivered to the Monitor the form of undertaking as ordered by this Honourable Court on February 8, 2017; and (c) Provide their full cooperation to the Monitor to allow for the orderly conclusion of the Solicitation Process, as ordered by this Honourable Court on December 21, 2016 — Application / notice of application

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#Report

The purpose of this supplement to the Fifth Report (the “Supplement to the Fifth Report”) is to provide this Honourable Court with information pertaining to: a) an update with respect to the Petitioners’ operations; b) the steps taken by the Petitioners to address the concerns of the Monitor outlined in the Fifth Report; and c) the Monitor’s conclusions and recommendations. Capitalized terms not defined in this Supplement to the Fifth Report are as defined in the ARIO, the EYI Order, the Second Report, the Solicitation Plan, the Supplement to the Second Report, the Third Report, the Fourth Report, or the Fifth Report. All references to dollars are in Canadian currency — Court officer report

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#Report

The purpose of this fifth report (the “Fifth Report”) is to provide this Honourable Court with: a) condensed background information in respect of the Petitioners and the Group (defined below); b) an update on the Monitor’s activities since it filed its Fourth Report; c) discussions with the Harbour Centre landlord; d) actual receipts for the period February 6, 2017 through February 24, 2017 compared to the Fourth Report Forecast; e) the Monitor’s further revised cash flow forecast for the period February 27, 2017 through to March 31, 2017 (the “Fifth Report Forecast”); f) the proposed new interim lending facility term sheet; g) the Monitor’s forecast from March 13, 2017 through June 30, 2017 (the “Extended Borrowings Forecast”); h) Telus and BCE Group services a part of which make up the Petitioners’ February 3 rd Notice of Application; i) additional observations with respect to documentation provided by the Petitioners in respect of the assignment of customer contracts to TNW Networks; j) the Petitioners’ restructuring plan; k) the status of these proceedings; and l) the Monitor’s conclusions and recommendations — Court officer report

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#Report

The purpose of this fourth report (the “Fourth Report”) is to provide the Supreme Court of British Columbia with: a) condensed background information potentially relevant to the matters before the Court at the hearing on February 8, 2017; b) an update on the Monitor’s activities since it filed its Third Report; c) an update on the matters contained in the Third Report; d) comments on certain aspects of the February 3rd Notice of Application; e) the Monitor’s revised cash flow forecast for the period January 30, 2017 through to March 31, 2017 (the “Revised Extended Stay Forecast”); f) engagement letters for the Solicitation Process and refinancing efforts; g) additional observations with respect to TNW Networks Corp. and its role in these proceedings and the Solicitation Plan; and h) the Monitor’s conclusions and recommendations — Court officer report

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#Report

The purpose of this third report (the “Third Report”) of the Monitor is to provide updated information to the Supreme Court of British Columbia pertaining to the remainder of the Secured Creditor Application, including, inter alia: a. condensed background information; b. updates on dealings with certain landlords; c. difficulties that have been encountered by the Monitor in gaining adequate access to information and personnel; and d. the Monitor’s conclusions — Court officer report

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#Report

Order of Mr. Justice Affleck made 20 Jan 2017 The Court Orders that: 1. The application to approve the Monitor’s First Report to the Court filed by Boale, Wood & Company Ltd. on December 19, 2016 is adjourned generally. 2. The application to approve the Monitor’s Second Report to the Court filed by Boale, Wood & Company Ltd. on December 20, 2016 is adjourned generally. The Petitioners pay Boale, Wood & Company Ltd. its outstanding fees in the amount of $37,209.90. The Petitioners pay Watson Goepel LLP its fees in the amount of $5,198.45. Any party to these proceedings be at liberty to apply for a taxation of the accounts of Boale, Wood & Company Ltd. and/or Watson Goepel LLP in accordance with the Supreme Court Civil Rules, B.C. Reg. 168/2009, the Companies’ Creditors Arrangement Act, R.S.C., c-36, and the directions of the Supreme Court of British Columbia — Court officer report

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#Report

The purpose of this second report (the "Second Report") of the Monitor is to provide information to the Supreme Court of British Columbia in respect of the following: a) a detailed background of the Applicants, including a discussion pertaining to: • a brief overview of the telecommunication industry in Canada, . a brief history of the TNW Group, . the corporate structure of the TNW Group, . management of the TNW Group; . the operations of the Applicants, o cash management; • the relationship between TNW Networks (defined below) and the Applicants, and . the assets and liabilities of the Applicants, b) the activities of the Monitor in accordance with the provisions of the ARIO, the EYI Order and statutory obligations under the CCAA, c) discussions with key stakeholders and/or legal counsel to key stakeholders including, inter alia : Bond Capital Fund V Limited Partnership (" Bond" or the "DIP Lender "), Bank of Nova Scotia ("BNS"), Telus, BCE Group, Cascade Divide Enterprises ("Cascade "), SBA Canada ULC ("SBA" ); and Landlords, d) the proposed Solicitation Plan and the proposed Solicitation Process, e) the claims process as more fully described in the draft claims process order (the "Claims Process Order") attached to the motion materials for the January 20th hearing date, f) the Applicants cash flow forecast, including: an update with regard to the Applicants' operating cash flow, including the budget to actual variance analysis of the cash flows of the Applicants for the period of December 17, 2016 to January 6, 2017 (the "Reporting Period"), and the Applicants' revised cash flow forecast for the period of January 7, 2017 to June 2, 2017 (the "Forecast Period") g) the Applicants preliminary reorganization plan; h) the basis and requirement for the Applicant's request for an extension of the Stay Period to May 31, 2017 (the "Extended Stay Period" and i) the Monitor's conclusions and recommendations — Court officer report

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#Order

Order of Justice Affleck orders that: Except as modified herein, all relief granted in the Amended and Restated Initial Order pronounced November 30, 2016 (the "ARIO"), including the stay of proceedings, is hereby continued and extended to January 20, 2016. Monitor Boale Wood & Company ("Boale Wood") is discharged as the court-appointed monitor of the Petitioners in these proceedings (the "Monitor), and together with their counsel are directed to forthwith pass their accounts in accordance with the ARIO. Ernst & Young Inc. ("EY") is appointed as Monitor effective immediately, and the ARIO is amended mutatis mutandis to replace Boale Wood with EY as the Monitor — Amended and restated initial order

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Parties

Debtor

8640025 Canada Inc and Teliphone Data Centers Inc

Monitor

EY

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice AffleckSupreme Court of British Columbia10 orders, Feb 2017 – Sep 20192 cases on record
Justice WalkerSupreme Court of British Columbia2 orders, Dec 2021 – Jan 202223 cases on record
Justice MacintoshSupreme Court of British Columbia2 orders, Jul 20176 cases on record

Counsel of record

PartyCounselFirst seenSource
Debtor8640025 Canada Inc and Teliphone Data Centers IncLunny Atmore LLP10 Feb 2017Order · 10 Feb 2017
CreditorBank of Nova ScotiaDla Piper LLP10 Feb 2017Order · 10 Feb 2017
CreditorBell Canada, Northwestel Inc., Bell Mobility Inc., Bell Aliant Regional Communications IncBorden Ladner Gervais LLP10 Feb 2017Order · 10 Feb 2017
CreditorCascade Divide EnterprisesKornfeld LLP10 Feb 2017Order · 10 Feb 2017
CreditorGP LLCRichards Buell Sutton LLP10 Feb 2017Order · 10 Feb 2017
CreditorGreat-West Life Assurance Company and London Life Insurance CompanyParlee McLaws LLP10 Feb 2017Order · 10 Feb 2017
CreditorTELUS Communications CompanyDentons Canada LLP10 Feb 2017Order · 10 Feb 2017
Capital structureAs asserted in the filings
stated amounts, drawn to scale
#Priority classCreditorAmountSource
4SecuredBond CapitalBennett Jones LLP entry references 'Financing Bond Capital' suggesting secured financing relationship — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$11.6M8640025 Canada Inc. Creditor List
4SecuredCascade Divide EnterprisesLarge round amount; classification as secured uncertain from list alone — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$4M8640025 Canada Inc. Creditor List
4SecuredSBA Canada Inc.Represented by counsel; classification as secured uncertain from list alone — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$2.76M8640025 Canada Inc. Creditor List
4SecuredBank of Nova Scotia · in 71 casesListed in creditor list; classification as secured based on typical bank facility relationship, but document does not explicitly state security - included per name/role context — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.94M8640025 Canada Inc. Creditor List
8UnsecuredTelus Communications Company · in 8 casesMarked disputed; represented by counsel — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$9.25M8640025 Canada Inc. Creditor List
8UnsecuredCRA - Canada Revenue Agency · in 17 casesRegional Intake Centre for Insolvency, may reflect deemed trust class — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.86M8640025 Canada Inc. Creditor List
8UnsecuredBell Canada · in 298 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.85M8640025 Canada Inc. Creditor List
8UnsecuredMinistry of Finance - PST - British Columbia · in 56 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$656K8640025 Canada Inc. Creditor List
8UnsecuredTelus Communications Company · in 8 casesMarked disputed; separate USD-denominated claim; represented by counsel — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$530K USD8640025 Canada Inc. Creditor List
8UnsecuredAliant Telecomdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$404K8640025 Canada Inc. Creditor List
8UnsecuredBell Mobility · in 83 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$321K8640025 Canada Inc. Creditor List
8UnsecuredLevel 3 Communications · in 4 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$293K8640025 Canada Inc. Creditor List
8UnsecuredAird & Berlis LLP · in 22 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$257K8640025 Canada Inc. Creditor List
8UnsecuredGWL REALTY ADVISORS Inc. · in 2 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$149K8640025 Canada Inc. Creditor List
8UnsecuredNorthWESTEL · in 5 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$113K8640025 Canada Inc. Creditor List
8UnsecuredACL Services Ltd.debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$110K8640025 Canada Inc. Creditor List
8UnsecuredDe Grandpre Chaitdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$94.3K8640025 Canada Inc. Creditor List
8UnsecuredHewlett-Packard Financial Svcs Canada Co.debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$75K8640025 Canada Inc. Creditor List
8UnsecuredHarbour Centredebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$63.3K8640025 Canada Inc. Creditor List
8UnsecuredRhiCom Networksdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$55.4K8640025 Canada Inc. Creditor List
8UnsecuredCRA - Canada Revenue Agency · in 17 casesSurrey BC address, entry 1 of 3 — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$49.8K8640025 Canada Inc. Creditor List
8UnsecuredBell Aliant · in 37 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$46.2K8640025 Canada Inc. Creditor List
8UnsecuredBull, Housser & Tupper LLPdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$46.1K8640025 Canada Inc. Creditor List
8UnsecuredFirst Insurance Funding of Canada · in 12 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$31.1K8640025 Canada Inc. Creditor List
8UnsecuredMinister of Finance - Property Taxdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$29.5K8640025 Canada Inc. Creditor List
8UnsecuredCBC RADIOdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$28.6K8640025 Canada Inc. Creditor List
8UnsecuredCRA - Canada Revenue Agency · in 17 casesOttawa ON address, entry 3 — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$18K8640025 Canada Inc. Creditor List
8UnsecuredForward Law (Tier 5)debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$14.7K8640025 Canada Inc. Creditor List
8UnsecuredTeliaSonera International Carrierdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$14.3K8640025 Canada Inc. Creditor List
8UnsecuredFasken Martineau DuMoulin LLP · in 35 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$12.6K8640025 Canada Inc. Creditor List
8UnsecuredPoliquin Avocatsdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$12K8640025 Canada Inc. Creditor List
8UnsecuredFarris (Harbour Centre Complex Limited)debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$8.5K8640025 Canada Inc. Creditor List
8UnsecuredFarris (Colt Technology Services)debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$8.33K8640025 Canada Inc. Creditor List
8UnsecuredMichel Gauthier · in 2 casesIndividual creditor — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$6.64K8640025 Canada Inc. Creditor List
8UnsecuredBennett Jones LLP · in 26 casesAddress label references 'Financing Bond Capital' — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$6.21K8640025 Canada Inc. Creditor List
8UnsecuredPeterson Commercial Property Management Inc.debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$4.98K8640025 Canada Inc. Creditor List
8UnsecuredHunter McCorquodaledebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$4K8640025 Canada Inc. Creditor List
8UnsecuredCaron & Partners LLP · in 6 casesdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$3.66K8640025 Canada Inc. Creditor List
8UnsecuredLow Tide Properties Ltd (Formerly Pac Asset Mgmt)debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$3.15K8640025 Canada Inc. Creditor List
8UnsecuredCRA - Canada Revenue Agency · in 17 casesSurrey BC address, entry 2 of 3 — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$2.09K8640025 Canada Inc. Creditor List
8UnsecuredDream Office LP (formerly Dundee Realty)debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.88K8640025 Canada Inc. Creditor List
8UnsecuredAl Stober Construction Ltd.debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.57K8640025 Canada Inc. Creditor List
8UnsecuredBC MINISTRY OF FORESTSdebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.53K8640025 Canada Inc. Creditor List
8UnsecuredWGP 241 Holdings Ltddebtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.47K8640025 Canada Inc. Creditor List
8UnsecuredWarren Brown · in 2 casesIndividual creditor — debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication$1.47K8640025 Canada Inc. Creditor List
Sale processAs stated in the filings

5 transactions · 2 proposed · 2 closed · 1 not completed — The Required Purchased Assets have closed; the Second Vesting Order for the Optional Purchased Assets is being sought.The purpose of this report (the “Fifteenth Report”) is to provide the… · 29 Nov 2017

NDAs signed

36

The purpose of this eighth report of the Monitor (the…

Letters of intent

7

The purpose of this eighth report of the Monitor (the…

PurchaserPriceStatusSource
United American Corp.issued and outstanding shares of TNW Networks (the TNW Shares) · share sale$3M (mixed consideration)Consideration was 3,000,000 common shares of UAC (a share exchange), not cash.Not completedThe purpose of this eighth report of the…
Distributelthe transaction contemplated in the Distributel APA · asset salenot statedCash proceeds from Sale: Deposit 500,000; Closing 2,000,000; totaling 2,500,000 per forecast tableProposedThe purpose of this ninth report of the Monitor…
10276375 Canada Inc.Required Purchased Assets (as defined in the Sale Agreement) · asset sale · agreement 30 Jun 2017SealedThe Monitor estimates that the Purchase Price paid in accordance with the Revised Distribute! APA will be adjusted downward depending on the Disputed Customers/Disputed Assets.Closeddate not statedAmended Monitor’s Certificate
10276375 Canada Inc.the Schedule 'A' Assets (Optional Purchased Assets) · asset sale · agreement 30 Jun 2017not statedProposedThe purpose of this report (the “Fifteenth…
Navigata Communications Limited (formerly 1027637 Canada Inc.)all of the customer accounts held by, or in the name of, ChoiceTel Networks Ltd. and Titan Communications Inc., and the Optional Purchased Assets listed on Schedule A (collectively, the 'Schedule 'A' Assets') · asset sale · agreement 20 Sep 2017not statedClosed19 Dec 2017Monitor's Certificate
Closing termsVacant possession of the Schedule 'A' Assets, including any real property, delivered on the Option Closing DateAppendix E - Second Vesting Order
RecoveriesAs stated in the filings

Court-ordered charges: 37 %. Bell Canada short.EstimatedSecond Supplement to the 19th Report of the Monitor · 14 Dec 2021

ClassCreditorClaimsRecoveryBasisSource
Court chargesNetwork Providers' Charge—37 %$325KEstimatedper the monitorSecond Supplement to the 19th Report of the Monitor · 14 Dec 2021
Secured—$20MlistedshortfallEstimatedMotion Book · 14 Jul 2017
SecuredBell Canada$2.7MprovenshortfallEstimatedper the monitorApplication Response of the Monitor to Teliphone Corp · 14 May 2018

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

16 engagements · 7 firms — latest: Ernst & Young Inc., 21 Dec 2016 – 2 Jun 2017, $790,131.00 in feesSupplement to the 19th Report of the Monitor · 27 Oct 2021

FirmPeriodHoursFeesRatesSource
Ernst & Young Inc.Monitorperiod 10 of 1021 Dec 2016 – 2 Jun 20171,963.2$790,131.00ex. taxcourtesy discount$100 – $62514 peopleSupplement to the 19th Report of the Monitor · 27 Oct 2021
14 people — Ernst & Young Inc., 21 Dec 2016 – 2 Jun 2017
NameTitleHoursRateFees
Kevin BrennanSenior Vice President166.4$625—
Brendan GallagherSenior Vice President1.1$600—
Michelle GrantSenior Vice President262.7$600—
Brent CheungSenior Vice President51.4$525—
Michael BellVice President464.4$495—
Mark QuinlanManager262.2$375—
Oleksandr UshchapovskyiManager16$350—
Hamid KholafaeiSenior8.5$300—
Matt AustinSenior69.5$300—
Riyandi TanSenior542.9$300—
Esther WongParaprofessional3$200—
Marcos SouzaParaprofessional25.5$200—
Robert FergusonParaprofessional0.6$200—
GTHAdmin89$100—
——1,963.2——
Ernst & Young Inc.Monitorperiod 8 of 101 Apr – 28 Apr 2017291$134,882.00ex. tax$200 – $6258 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
8 people — Ernst & Young Inc., 1 Apr – 28 Apr 2017
NameTitleHoursRateFees
Kevin BrennanPartner72.3$625$45,187.50
Michelle GrantPartner25.6$600$15,360.00
Michael BellVice President86.6$495$42,867.00
Mark QuinlanManager2.5$375$937.50
Riyandi TanSenior98.5$300$29,550.00
Esther WongParaprofessional1.3$200$260.00
Marcos SouzaParaprofessional3.6$200$720.00
Robert FergusonParaprofessional0.6$200$120.00
Ernst & Young Inc.Monitorperiod 7 of 104 Mar – 31 Mar 2017301.9$135,539.00ex. tax$200 – $6257 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
7 people — Ernst & Young Inc., 4 Mar – 31 Mar 2017
NameTitleHoursRateFees
Kevin BrennanPartner34.3$625$21,437.50
Michelle GrantPartner46.4$600$27,840.00
Michael BellVice President100.2$495$49,599.00
Mark QuinlanManager11.1$375$4,162.50
Riyandi TanSenior105.2$300$31,560.00
Esther WongParaprofessional0.6$200$120.00
Marcos SouzaParaprofessional4.1$200$820.00
Ernst & Young Inc.Monitorperiod 6 of 1018 Feb – 3 Mar 2017126.8$52,310.50ex. tax$200 – $6256 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
6 people — Ernst & Young Inc., 18 Feb – 3 Mar 2017
NameTitleHoursRateFees
Kevin BrennanPartner1.5$625$937.50
Michelle GrantPartner20.9$600$12,540.00
Michael BellVice President35.4$495$17,523.00
Mark QuinlanManager15.2$375$5,700.00
Riyandi TanSenior48.5$300$14,550.00
Marcos SouzaParaprofessional5.3$200$1,060.00
Ernst & Young Inc.Monitorperiod 5 of 1014 Jan – 17 Feb 2017391$164,090.00ex. tax$200 – $6258 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
8 people — Ernst & Young Inc., 14 Jan – 17 Feb 2017
NameTitleHoursRateFees
Kevin BrennanPartner2.3$625$1,437.50
Michelle GrantPartner72.2$600$43,320.00
Michael BellVice President84$495$41,580.00
Mark QuinlanManager104.7$375$39,262.50
Oleksandr UshchapovskyiManager8$375$3,000.00
Riyandi TanSenior115.3$300$34,590.00
Esther WongParaprofessional0.6$200$120.00
Marcos SouzaParaprofessional3.9$200$780.00
Ernst & Young Inc.Monitorperiod 4 of 107 Jan – 13 Jan 2017125.1$53,718.50ex. taxcourtesy discount$200 – $6007 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
7 people — Ernst & Young Inc., 7 Jan – 13 Jan 2017
NameTitleHoursRateFees
Michelle GrantPartner18.1$600$10,860.00
Brent CheungExecutive Director19.5$525$10,237.50
Michael BellVice President19.8$495$9,801.00
Mark QuinlanManager35.6$375$13,350.00
Riyandi TanSenior30.5$300$9,150.00
Esther WongParaprofessional0.5$200$100.00
Marcos SouzaParaprofessional1.1$200$220.00
Ernst & Young Inc.Monitorperiod 3 of 102 Jan – 6 Jan 2017120.3$53,017.00ex. taxcourtesy discount$200 – $6007 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
7 people — Ernst & Young Inc., 2 Jan – 6 Jan 2017
NameTitleHoursRateFees
Michelle GrantPartner23.5$600$14,100.00
Brent CheungExecutive Director7.6$525$3,990.00
Michael BellVice President25.1$495$12,424.50
Mark QuinlanManager39.1$375$14,662.50
Oleksandr UshchapovskyiManager8$350$2,800.00
Riyandi TanSenior16.4$300$4,920.00
Marcos SouzaParaprofessional0.6$200$120.00
Ernst & Young Inc.Monitorperiod 2 of 1021 Dec – 30 Dec 2016126.9$52,000.00ex. taxcourtesy discount$375 – $6003 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
3 people — Ernst & Young Inc., 21 Dec – 30 Dec 2016
NameTitleHoursRateFees
Michelle GrantPartner41.4$600$24,840.00
Michael BellVice President31.5$495$15,592.50
Mark QuinlanManager54$375$20,250.00
Ernst & Young Inc.Monitorperiod 2 of 10from 3 Jun 20172,087.1—courtesy discount$200 – $62511 peopleSupplement to the 19th Report of the Monitor · 27 Oct 2021
11 people — Ernst & Young Inc., from 3 Jun 2017
NameTitleHoursRateFees
Kevin BrennanSenior Vice President283.2$625—
Michelle GrantSenior Vice President374.2$600—
Michael BellSenior Vice President *161.6$525*—
Michael BellVice President642.6$495—
Riyandi TanManager *140.8$350*—
ShaneMacLaughlanManager40.3$350—
Riyandi TanSenior257.1$300—
Esther WongParaprofessional51.7$200—
Isabelle GevryParaprofessional1$200—
Marcos SouzaParaprofessional132.6$200—
Sophie Reid-TriantafyllosParaprofessional2$200—
Ernst & Young Inc.Monitorperiod 1 of 10SISP192.4$45,717.50ex. tax$100 – $6005 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
5 people — Ernst & Young Inc., SISP
NameTitleHoursRateFees
Brendan GallagherPartner1.1$600$660.00
Brent CheungExecutive Director24.3$525$12,757.50
Hamid KholafaeiSenior8.5$300$2,550.00
Matt AustinSenior69.5$300$20,850.00
GTHGlobal89$100$8,900.00
Langloiscapacity not stated3 Apr – 25 May 2017145.6—$180 – $50010 peopleZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
10 people — Langlois, 3 Apr – 25 May 2017
NameTitleHoursRateFees
Gerry ApostolatosPartner20.4$500—
Lucien GodboutPartner2.5$450—
Félix BernardLawyer48.5$275—
Simon ChénardLawyer41.2$275—
Shane GoldmanLawyer17$210—
Vincent PlanteLawyer0.2$210—
Catherine VaillancourtParalegal0.3$185—
Danielle PichéParalegal11.8$185—
Dominike CourteauParalegal3.5$185—
Émilie LeblancArticling Student0.2$180—
——145.6——
MLTcapacity not stated28 Mar – 26 May 2017158.6—$160 – $65012 peopleZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
12 people — MLT, 28 Mar – 26 May 2017
NameTitleHoursRateFees
Doug L. OsbornPartner10$650—
Jonathan O'ConnorPartner9.4$500—
Sarvi VeylanAssociate3.1$410—
Dana M. NowakAssociate0.3$400—
Janelle M. WilsonAssociate27.4$350—
Erin S. EcclestonAssociate86.1$335—
Derek DeaconAssociate18.2$295—
Kathleen J. UngosParalegal0.5$225—
Valerie OmastaParalegal1$200—
Justin WoodArticling Student0.3$185—
Darlene DoughertyParalegal1.8$170—
Janice NairParalegal0.5$160—
MLT Aikins and Agent Counselscapacity not stated—363$124,810.00ex. taxnot statedZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
McCarthy LLPCounsel to the monitor21 Dec 2016 – 30 May 2017347$206,436.00ex. taxnot statedThe purpose of this eighth report of the Monitor (the “Eighth Report”)… · 7 Jul 2017
McCarthy Tétrault LLPCounsel1 Dec 2016 – 31 May 2017347$206,436.00ex. tax$245 – $82010 peopleY - Fees McCarthy Invoices · 7 Jul 2017
10 people — McCarthy Tétrault LLP, 1 Dec 2016 – 31 May 2017
NameTitleHoursRateFees
Sean CollinsPartner16.6$820—
David FrostPartner14.5$655—
Warren B MilmanPartner263.1$600—
Christopher McHardyPartner1.2$555—
Bosa KosoricAssociate18.5$510—
Sandra BeltonParalegal0.2$365—
Robyn GiffordAssociate23.5$330—
Bonnie CampbellParalegal1.5$265—
Andrew ButlerSummer Student7.2$245—
Kevan HanowskiArticling Student0.7$245—
——347——
Pallett Valocapacity not stated3 Apr – 25 May 201759.2—$290 – $5553 peopleZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
3 people — Pallett Valo, 3 Apr – 25 May 2017
NameTitleHoursRateFees
Alex IlchenkoSenior Counsel54$555—
Joe ContePartner1.3$465—
Kathleen FlynnLaw Clerk3.9$290—
——59.2——

Top rate $820 · 72nd percentile of counsel rates, 2017 · of 19

Estate financialsReported figures — never derived

Cash on hand

$821K

As at 14 Dec 2021Second Supplement to the 19th Report of the Monitor dated December 14, 2021

Professional fees to date

$70K

As at 14 Dec 2021Second Supplement to the 19th Report of the Monitor dated December 14, 2021

Documents
431 filings
DateDocumentFile
Order of Mr. Walker Dated August 18, 2022PDF
Order of Justice Myers dated April 15, 2022
  • Presiding officer Justice Myers
PDF
Order of Justice Walker made on January 7, 2022
  • Applicant Ernst & Young Inc.
  • Appointee Ernst & Young Inc.
  • Appointee role monitor
  • Commencement date 7 January 2022
  • + 2 more extracted facts
PDF
Order of Justice Walker made on December 17, 2021
  • Presiding officer Justice Walker
PDF
Second Supplement to the 19th Report of the Monitor dated December 14, 2021
  • Cash on hand $821K · Note: Figure appears in an estimated revised distribution scheme contingent on Court approval of the Settlement and Release Agreement, not a standalone cash position statement. · Qualifier: estimated, part of proposed revised distribution scheme
  • Professional fees $70K · Note: Lunny Atmore's original invoiced accounts totalled $106,237 (dating from March/April 2017); settled for $70,000, which the Monitor considers fair and reasonable. Separately, legal counsel for Bell Canada is to receive $25,000 for negotiating discharge of the Network Providers' Charge. · Party: Lunny Atmore LLP
  • Recovery outcome Entries: per estimated · Stated on: 2021-12-14 · Table missing:
  • Report date 14 December 2021
  • + 1 more extracted fact
PDF
Supplement to the 19th Report of the Monitor dated October 27, 2021
  • Fee schedule Engagements: Form: time_summary · Rows: Kevin Brennan; Brendan Gallagher; Michelle Grant; Brent Cheung; Mike Bell; Mark Quinlan; Oleksandr Ushchapovskyi; Hamid Kholafaei; Matt Austin; Riyandi Tan; Esther Wong; Marcos Souza; GTH; Robert Ferguson · Money: Approximate: false · Period: End: 2017-06-02 · Kind: invoice · Quote: Paragraphs 100 to 110 of the Eighth Report summarize and describe the fees and expenses of the Monitor for the period of December 21, 2016 to June 2, 2017. · Start: 2016-12-21 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: Ssoulrttert ot t t t urs are in Canadian currency. · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: in its capacity as Court Appointed Monitor of 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication Inc., Teliphone Data Centers Inc., and Teliphone Canada Corp. · Hours total: Quote: 1,963.2 · Value: 1963.2 · Context quote: Paragraphs 100 to 110 of the Eighth Report summarize and describe the fees and expenses of the Monitor for the period of December 21, 2016 to June 2, 2017. · Discount note: Text: courtesy discount that effectively reversed the charge in its entirety · Quote: the Monitor's practice when acting in a formal restructuring capacity was to include the 5% administration charge and then subsequently adjust the charge to zero by way of recording a courtesy discount that effectively reversed the charge in its entirety; Form: time_summary · Rows: Kevin Brennan; Michelle Grant; Mike Bell; Mike Bell; ShaneMacLaughlan; Riyandi Tan; Riyandi Tan; Isabelle Gevry; Esther Wong; Marcos Souza; Sophie Reid-Triantafyllos · Money: Approximate: false · Period: Kind: invoice · Quote: Paragraphs 140 to 144 of the Nineteenth Report summarize and describe the fees and expenses of the Monitor for the period of June3, 2017 to June 19, 2oe · Start: 2017-06-03 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: Ssoulrttert ot t t t urs are in Canadian currency. · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: in its capacity as Court Appointed Monitor of 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication Inc., Teliphone Data Centers Inc., and Teliphone Canada Corp. · Hours total: Quote: 2,087.1 · Value: 2087.1 · Context quote: Paragraphs 140 to 144 of the Nineteenth Report summarize and describe the fees and expenses of the Monitor for the period of June3, 2017 to June 19, 2 · Discount note: Text: administrative charge was reversed by the recording of a courtesy discount · Quote: the administrative charge was reversed by the recording of a courtesy discount in the same manner as described above
  • Professional fees $30K · Note: The Monitor has not rendered an invoice since June 19, 2020 and estimates unbilled time in its WIP; report also details hourly rates and hours worked by Monitor staff for periods Dec 21 2016–Jun 2 2017 and Jun 3 2017–Jun 19 2020, without a stated total fee figure. · Party: Monitor (Ernst & Young Inc.)
  • Report date 27 October 2021
  • Report no Supplement to the Nineteenth Report of the Monitor
PDF
Rescheduled for September 1, 2021, at 9:00 AMPDF
Notice of Application of the Monitor, filed Aug 13, 2021PDF
Nineteenth Report of the Monitor dated Aug 9 (filed Aug 13 2021) - Part 1
  • Financial position per Monitor's report narrative; accumulated liabilities at CCAA filing date · 8640025 Canada Inc. and Teliphone Data Centers Inc. (the Petitioners) and related Business — As of the CCAA filing date, the Business had accumulated in excess of $40 million of liabilities to lenders and suppliers, including in excess of $17 million to Secured Creditors (figures are floors/minimums, described with 'in excess of'). No balance sheet or itemized creditor listing provided in these pages.
PDF
Nineteenth Report of the Monitor dated Aug 9 (filed Aug 13 2021) - Part 2PDF
Order of Justice Basran: This Court orders that: The stay or proceedings provided for in the Order pronounced herein on September 25, 2019, and is hereby extended to 11:59 pm Pacific Time on September 30, 2020, subject to further Order of this Court
  • Presiding officer Justice Basran
PDF
Order of Justice Affleck: This Court orders that: The stay of proceedings provided for in the Order pronounced herein on December 7, 2018, be and is hereby extended to11:59 pm Pacific Time on March 31, 2020. subject to further order of this Court
  • Presiding officer Justice Affleck
PDF
Reply of Teliphone CorpPDF
Application Response of HMQCPDF
Application Response of TELUSPDF
Affidavit 1 of Phoebe Fasihi, sworn onPDF
Affidavit 2 of A. Mileta, sworn on 08 Aug 2019PDF
Affidavit 4 of L. Trevor-Deutsch, sworn on 08 Aug 2019PDF
Appendix A - Redacted Form LetterPDF
Appendix B - Claims Process OrderPDF
Appendix E - Second Vesting Order
  • Closing terms Vacant possession of the Schedule 'A' Assets, including any real property, delivered on the Option Closing Date
  • Order date 14 December 2017
  • Purchaser Navigata Communications Limited (formerly 1027637 Canada Inc.) · all of the customer accounts held by, or in the name of, ChoiceTel Networks Ltd. and Titan Communications Inc., and the Optional Purchased Assets listed on Schedule A (collectively, the 'Schedule 'A' Assets') · asset sale · approved
PDF
Application Response (Cascade)(NOA replace monitor)PDF
Application Response of EYIPDF
Application Response of Navigata Communications LtdPDF
Notice of Application (repl. of Monitor - Aug 14 and 15, 2019) filed onPDF
Notice of Hearing of Appeal, filed onPDF
Order of Justice Affleck This Court orders that: The stay of proceedings provided for in the Order pronounced herein on December 7, 2018, be and is hereby extended to11:59 pm Pacific Time on September 30, 2019. subject to further order of this Court
  • Presiding officer Justice Affleck
PDF
Notice of Application filedPDF
Order of Justice Affleck This Court orders that: 1. The stay of proceedings provided for in the Order pronounced herein on April 19, 2018, be and is hereby extended to 11:59 p.m. Pacific Time on December 31, 2018, subject to further order of this Court
  • Presiding officer Justice Affleck
PDF
Order of Justice Affleck; This Court orders that: The Stay of proceedings pronounced herein on August 27, 2018, be and hereby extended to 11:59 pm Pacific Time on March 31, 2019, subject to further review of the this Court
  • Presiding officer Justice Affleck
PDF
RequisitionPDF
Order Made After Application, entered onPDF
Notice of Application of Navigata Comm. returnablePDF
Requisition resetting TNW application from Aug 27 - 30 toPDF
Affidavit 8 of D. Wallace, sworn on 24 Aug 2018PDF
Notice of Application by MonitorPDF
Requisition of TNW et al re hearingPDF
Application Response of Navigata Comm. LtdPDF
The purpose of this report (the “Eighteenth Report”) is to provide the Supreme Court of British Columbia with relevant information pertaining to, inter alia, the following: (a) the emergence of Teliphone Corp. in the within proceedings and its relationship with the Petitioners and TNW Networks Corp.; (b) the Interim Transaction Proceeds (defined below) paid by NCL in connection with the Vesting Order; and (c) the observations of the Monitor in response to the Monitor Replacement ApplicationPDF
Affidavit 4 of Amanda Simister, sworn on 07 Aug 2018PDF
Order of Justice Sewell made June 13, 2018 (Filed) re injunction application, settled 07 Aug 2018
  • Presiding officer Justice Sewell
PDF
The purpose of this report (the “Seventeenth Report”) is to provide the Supreme Court of British Columbia with relevant information pertaining to the Injunction ApplicationPDF
Affidavit 6 of Deanna Wallace, sworn onPDF
Affidavit 41 of Sandeep Panesar, sworn on 03 Jun 2018PDF
Affidavit 40 of Sandeep Panesar, sworn on 01 Jun 2018PDF
AR of the Claiming Parties to Navigata's NOAPDF
Affidavit 7 of N. Walnicki, sworn on 16 May 2018PDF
Application Response of Teliphone CorpPDF
Application Response of Navigata Communications to TNWPDF
Application Response of the Monitor to TNWPDF
Application Response of the Monitor to Teliphone Corp
  • Recovery outcome Entries: per estimated · Table missing:
PDF
Bell's Response to TNW NOAPDF
Bell's Response to TNW NOA, (1)PDF
Application Response of Monitor to NavigataPDF
Affidavit 3 of Amanda Simister, sworn on 08 May 2018PDF
Order of Justice Affeck: This Court orders and directs that: 1. On or before April 30, 2018, Teliphone Corp, TNW Wireless Inc., Cloud-Phone Inc., ChoiceTel Networks Ltd., Titan Communicates Inc., 8583498 Canada Ltd., Coastline Broadcasting Ltd., 9151-4877 Quebec Inc. d.b.a. Dialek Teleicom, Orion Communications Inc., New York Telecommunication Exchange Inc., and United American Corp. (USA Florida), (collectively, the “Teliphone Appellants”), and TNW Networks Corp. (“TNW" and collectively with the Teliphone Appellants, the "Proof of Claim Appellants”), shall file either their fulsome Notice(s) of Application or a Notice of Application with written submissions (collectively, the “Appeal Documents") for the rehearing of the appeal of the Monitor's disallowance of their proofs of claim (the “Rehearing"). The Appeal Documents shall set out any alleged extricable legal issues on appeal and/or the Teliphone Appellants' one factual issue on appeal. 2. Any party wishing to respond to the Appeal Documents must file either a fulsome Application Response or an Application Response with written submissions (collectively, the “Response Documents”) on or before May 14, 2018. 3. The Proof of Claim Appellants shall have until May 25, 2018 to reply with response material. 4. There will be no fresh evidence, i.e. no new affidavits filed, without leave of the Court to adduce fresh evidence and no written materials may be delivered after the dates set out above without leave of the CourtPDF
NOA Notice of Application of Various Parties filed
  • Recovery outcome Entries: per estimated · Table missing:
PDF
Notice of Application (Teliphone Corp)PDF
Written Submissions (Teliphone Corp.)PDF
Affidavit 7 of Shera Haji, sworn on 19 Apr 2018PDF
Application Response to Amended NOA of TNW ,datedPDF
Order Made After Application onPDF
Affidavit 39 of Sandeep Panesar, sworn on 18 Apr 2018PDF
Affidavit 4 of Deanna Wallace, sworn onPDF
Affidavit 5 of Shera Haji, sworn on 08 Feb 2018PDF
Order of Justice Affleck: 1. The stay of proceedings provided for in the Order pronounced herein on August 28, 2017, be and is hereby extended to 11:59 p.m. Pacific Time on April 30, 2018, subject to further order of this Court. 2. The Monitor be and is hereby authorized and empowered to consult with Canada Revenue Agency (“CFRA”) in writing
  • Presiding officer Justice Affleck
PDF
TNW’s Application ResponsePDF
Monitor’s Notice of ApplicationPDF
The purpose of this report (the “Sixteenth Report”) is to provide this Honourable Court with information pertaining to, inter alia: a) the closing of the Second Transaction; b) the proposed transaction to sell the majority of the remaining Optional Purchased Assets, including the Disputed Assets to the Purchaser (the “Third Transaction”); c) other administrative matters; d) extension of the Stay of Proceedings; and e) the Monitor’s recommendationsPDF
Appellants' Reply FactumPDF
Monitor’s FactumPDF
Respondent’s Factum (Navigata Communications Limited)PDF
Appellants’ Certificate of Readiness (TNW Networks Corp.), filedPDF
Appellants’ Certificate of Readiness, filedPDF
Notice of Hearing of AppealPDF
Notice of Hearing of the Appeal on Jan. 30, 2018PDF
Appellants' Factum, FiledPDF
TNW Appellants' Factum, filedPDF
Second Option NoticePDF
Service List asPDF
Affidavit 1 of Gerald Vanderpost, sworn on 02 Jan 2018PDF
Reply Book to Leave tto AppealPDF
Notice of Appearance on behalf of BondPDF
Affidavit 1 of Deanna Wallace, sworn onPDF
Amended Notice of Appearance of Navigata Comm LtdPDF
Motion Book of the AppellantsPDF
Notice of Appearance (Cascade Divide)PDF
Notice of Appearance of TELUS Communications IncPDF
Notice of Motion for Leave to Appeal - StayPDF
Notice of Motion of the MonitorPDF
Notice of Appearance on behalf of the Monitor, filedPDF
Monitor's Certificate
  • Closing confirmed Closed · 19 Dec 2017 · Navigata Communications Limited (formerly 1027637 Canada Inc.)
PDF
Notice of Appearance filed on behalf of Navigata Comm 2009, IncPDF
Notice of Application for Leave to AppealPDF
Order of Justice Affleck: This Court orders that: The Applications of the Teliphone Appellants and TNW, being applications in the nature of appeals pursuant to paragraph 12(c) of the Order made on September 15, 2017 herein, be and are hereby dismissed
  • Presiding officer Justice Affleck
PDF
Affidavit 35 of Sandeep Panesar, sworn on 11 Dec 2017PDF
Amended Application Re of TNW to the Monitor's NOA filed Nov 29, 2017PDF
Affidavit 33 of Sandeep Panesar sworn on 08 Dec 2017PDF
Affidavit 34 of Sandeep Panesar, sworn on 08 Dec 2017PDF
Affidavit 5 of Shera Haji, sworn on 05 Dec 2017PDF
Application Response of TNW to the Monitor's NOA filed Nov 29, 2017PDF
Affidavit 3 of Norine Nobuto, sworn on 01 Dec 2017PDF
Appendix A_Option Notice delivered by the PurchaserPDF
Appendix B_2012 Employee Contract Transfer AgreementPDF
Appendix C_2012 Human Resources Services AgreementPDF
Appendix D_4237561 Canada Inc Certificate of AppointmentPDF
Appendix L_ITTC Notice to UniforPDF
The purpose of this report (the “Fifteenth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) financial considerations regarding the Disputed Assets and impact on creditor recovery; b) a second vesting order (the “Second Vesting Order") that will be sought by the Monitor in regard to certain Optional Purchased Assets; c) the fees payable to the Monitor with respect to the Solicitation Process; d) the recent actions of ITTC in regard to a staffing agreement with TNW Networks and the Monitor’s request for advice and directions thereto; and e) the Monitor’s conclusions and recommendations
  • Closing confirmed Closed · date not stated · 10276375 Canada Inc.
  • Purchaser 10276375 Canada Inc. · the Required Purchased Assets pursuant to the Revised Distribute! APA · asset sale · closed; 10276375 Canada Inc. · the Schedule 'A' Assets (Optional Purchased Assets) · asset sale · proposed
  • Sale outcome Sale closed — The Required Purchased Assets have closed; the Second Vesting Order for the Optional Purchased Assets is being sought.
PDF
Affidavit 31 of Sandeep Panesar, sworn on 22 Nov 2017PDF
Appendix D_Final Revised Distributel APA_RedactedPDF
Affidavit 30 of Sandeep Panesar, sworn on 21 Nov 2017PDF
Appendix H_ITTC Letter to J CotePDF
Appendix I_Layoff Letter from ITTCPDF
Appendix J_JAMA Letter to MonitorPDF
Appendix K_JAAM Letter to MonitorPDF
Appendix G_Sodagar Letter to MillerPDF
Requisition to reschedule TNW's NOA (filed Oct. 17, 2017)PDF
Appendix F_Miller Thomson Letter to SodagarPDF
TWW's Amended Notice of ApplicationPDF
Appendix E_Sodagar Letter to MillerPDF
Affidavit 3 of Shera Haji, sworn on 19 Oct 2017PDF
Appendix B_Form of Disconnection NoticePDF
Appendix C_Correspence with CRTC re NoticePDF
Appendix E_Transition Services AgreementPDF
Appendix G_Notice to Acquired CustomersPDF
Appendix H_Notice to Disputed CustomersPDF
Appendix I_Correspondence with CRTC re. SalePDF
Appendix J_List provided by Mr. PanesarPDF
Appendix K_October 4 Letter re Proof of ClaimPDF
Appendix L_October 16 Letter re Proof of ClaimPDF
Appendix M_List of Assets to ReleasePDF
The purpose of this report (the “Fourteenth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the activities of the Monitor leading up to the closing (the “Closing”) of the transaction (the “Transaction”) in respect of the Required Purchased Assets (term defined in the Twelfth Report) pursuant to the Revised Distributel APA; b) the Disputed Claims Process and the proofs of claim, or purported proofs of claim, filed by Teliphone Corp., and TNW Networks pursuant to paragraphs 12 of the Vesting Order; and the Monitor’s response thereto; and c) the Monitor’s recommendationsPDF
Notice of Application of TNW, return of assetsPDF
Affidavit #8 of Benoit Laliberte, sworn on 02 Oct 2017PDF
Requisition (reset hearing to Oct 10-17)PDF
Amended Monitor’s Certificate
  • Closing confirmed Closed · date not stated · 10276375 Canada Inc.
PDF
Affidavit 29 of S. Panesar, sworn on 27 Sept 2017PDF
Affidavit 3 of L. Trevor Deutsch, sworn on 27 Sep 2017PDF
Monitor Certificate, dated Sept 28,PDF
Order of Justice Affleck: This Court orders, directs and declares that: 1. The sale transaction (the “Transaction”) substantially in the form of the Asset Purchase Agreement (the “Sale Agreement") between the Monitor for and on behalf of the Companies and 10276375 Canada Inc. (the “Purchaser"), a copy of which is attached as Appendix “Q” to the Twelfth Report, as revised as noted in the Supplement Report, is hereby approvedPDF
Affidavit 1 of Glen Gregory, sworn onPDF
Affidavit 28 of Sandeep Panesar, sworn on 14 Sep 2017PDF
Affidavit 6 of Benoit Laliberte, sworn on 14 Sep 2017PDF
Affidavit 7 of Benoit Laliberte, sworn on 14 Sep 2017PDF
Affidavit 27 of Sandeep Panesar, sworn on 13 Sept 2017PDF
Affidavit 3 N. Walnicki, sworn on 13 Sep 2017PDF
Order of Mr. Justice Affleck made relating to: Sealing of the Draft Amended and Restated Asset Purchase AgreementPDF
Affidavit 2 of Shera Haji, sworn 12 Sep 2017PDF
Affidavit 1 of Amanda Simister, sworn 11 Sep 2017PDF
Affidavit 1 of Europe Mourani sworn 11 Sep 2017PDF
Affidavit 1 of Maxime Brazeau sworn 11 Sept 2017PDF
Affidavit 26 of Sandeep Panesar, sworn on 11 Sep 2017PDF
Affidavit 5 of Benoit Laliberte, sworn on 11 Sep 2017PDF
Application Response of TNW to Mr. Clark's NOAPDF
Application Response of Teliphone Corp to NOA of MonitorPDF
Affidavit 7 of Avic Arenas, sworn on 07 Sep 2017PDF
Application Response of BCE Group to NOA of Teliphone CorpPDF
The purpose of this report (the “Supplement to the Twelfth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the Revised Distributel APA; b) elements of a proposed liquidation plan for approval in the event this Honourable Court does not approve the Revised Distributel APA, or if the Revised Distributel APA fails to complete; c) the request by the Shareholder Representatives to turn-over control of the Petitioners’ Business; d) commentary on proving ownership of assets; e) Telus payment default; f) the Monitor’s request for advice and directions; and g) the Monitor's conclusionsPDF
Affidavit 25 of Sandeep Panesar, sworn on 01 Sep 2017PDF
Application Record of the Respondent MonitorPDF
Book of Authorities of TELUSPDF
Notice of Change of LawyerPDF
Requisition (re-setting application hearing)PDF
Affidavit 4 of Benoit Laliberte, sworn on 31 Aug 2017PDF
The purpose of this Thirteenth Report (the “Thirteenth Report”) is to provide the Supreme Court of British Columbia with information pertaining to the notice of application filed by Teliphone Corp. et. al on August 29, 2017PDF
Application Response of Telus to NOA of TeliphonePDF
Affidavit 24 of Sandeep Panesar sworn 29 Aug 2017PDF
A - Enhanced Monitor Powers Order
  • Order date 6 April 2017
PDF
Affidavit 22 of Sandeep Panesar sworn 28 Aug 2017PDF
Affidavit 23 of Sandeep Panesar sworn 28 Aug 2017PDF
Application Response of Telus to NOA of Teliphone CorpPDF
D - First Report of Boale WoodPDF
E - Organizational Chart for the TNW GroupPDF
H - Teliphone Corp 2013 10-KPDF
I - Redacted Form LetterPDF
J - Press release from Teliphone CorpPDF
L - Searches of Autonomous System NumbersPDF
M - Internet Domain RegistrationsPDF
N - Shareholder RegistryPDF
Order of Justice Affleck The stay of proceedings extension until February 15, 2018 and the New Monitor's Charge is increased from $550,000 to $725,000
  • Presiding officer Justice Affleck
PDF
P - Industry Canada Payment RequestPDF
Q - Redacted Distributel APAPDF
S - Summary of Teliphone AgreementsPDF
T - ITTC and TNW Staffing AgreemeentPDF
The purpose of this twelfth report (the “Twelfth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) issues identified with the organizational chart relied upon by the Monitor and other key stakeholders in these proceedings; b) the events that lead up to the Enhanced Monitor Powers Order; c) Teliphone Corp. engagement in these proceedings; d) the TNW Network assets and other customer accounts; e) the Monitor’s commentary on the Disputed Assets (defined below); f) the RuralCom licenses; g) the Revised Distributel APA (defined below); h) alternatives to the revised Distributel APA; i) staffing agreement with ITTC; j) the conduct of the Monitor in these proceedings; and k) the Monitor’s recommendationsPDF
Affidavit 2 of Lawry Trevor-Deutsch sworn (filed) 25 Aug 2017PDF
Affidavit 2 of Lawry Trevor-Deutsch sworn 25 Aug 2017PDF
Affidavit 21 of S. Panesar sworn 25 Aug 2017PDF
Notice of Application of Teliphone CorpPDF
Notice of Application of the MonitorPDF
The purpose of this eleventh report (the “Eleventh Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) a material adverse change in the financial circumstances of the Petitioners; b) the assets purportedly owned by other parties; c) the path forward; 7 d) increase in the New Monitor’s Charge; e) the Monitor’s request for an extension of the Stay Period; and f) the Monitor’s recommendationsPDF
C - Letter from legal counsel to the MonitorPDF
Appendix A_Court of Appeal JudgementPDF
K - Memorandum to CounselPDF
Service List as ofPDF
Certificate of ReadinessPDF
Notice of Hearing of Appeal for August 14PDF
Affidavit 19 of Sandeep Panesar, sworn 09 Aug 2017PDF
Affidavit 20 of Sandeep Panesar, sworn 09 Aug 2017PDF
Factum of the Respondent Cascade Divide Ent., (File No. CA44619)PDF
Factum of the Respondent Cascade Divide Ent., (File No. CA44620)PDF
Notice of Application of TELUS, returnablePDF
Order of Mr. Justice Affleck Critical Supplier Order extension until September 15, 2017
  • Presiding officer Justice Affleck
PDF
TELUS’ Written Submissions Opposing the Appl. to Ext. Termination DatePDF
Affidavit 6 of A. Arenas, sworn 08 Aug 2017PDF
Book of Authorities of the Respondent MonitorPDF
Factum of the Respondent, The Bank of Nova Scotia, filed File No. CA44619PDF
Factum of the Respondent, The Bank of Nova Scotia, filed File No. CA44620PDF
The purpose of this supplement to the tenth report of the Monitor (the "Tenth Supplemental Report") is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the Telus Disconnection Notice (as defined below) and relief requested by the Monitor in respect of this notice, including information pertaining to the funding of continued services, b) the Monitor's communication with the CRTC (as defined below), and c) responses to certain inquiries made of the Monitor by Telus by way of correspondence dated August 4, 2017 (the "Telus Inquiries Letter")PDF
Factum of the Respondent Monitor, Ernst & Young Inc. in BCCA File No. CA44619PDF
Factum of the Respondent Monitor, Ernst & Young Inc. in BCCA File No. CA44620PDF
The purpose of this tenth report of the Monitor (the “Tenth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) the Telus Disconnection Notice (defined below) and relief requested by the Monitor in respect of this notice; b) a material adverse change in the Petitioners’ Business or financial affairs; and c) the Monitor’s conclusions and recommendationsPDF
Appendix A - Seventh Report Forecast Forecast through toPDF
Notice of Appearance of 8640025 and Teliphone, (Action No. CA44619)PDF
Notice of Appearance of 8640025 and Teliphone, (Action No. CA44620)PDF
Notice of Appearance of Cascade Divide, (Action No. CA44619)PDF
Notice of Appearance of Cascade Divide, (Action No. CA44620)PDF
Notice of Appearance of The Bank of Nova Scotia, Filed (Action No. CA44620)PDF
Notice of Appearance for Bell and Northwestel Inc., (Action No. CA44619)PDF
Notice of Appearance for Ernst & Young Inc. Monitor, (Action No. CA44620)PDF
Notice of Appearance of TELUS Communications Company (Action No. CA44619)PDF
Notice of Appearance of TELUS Communications Company (Action No. CA44620)PDF
Notice of Appearance of The Bank of Nova Scotia, filedPDF
Affidavit 1 of Avic Arenas, sworn 24 Jul 2017PDF
Book of Authorities of the Monitor, FiledPDF
Index to Reply Book for Leave to Appeal and Stay of Proceedings, FiledPDF
Notice of AppearancePDF
Notice of MotionPDF
Order by Mr. Justice Macintosh made The sale transaction (the “Transaction”) contemplated by the Asset Purchase Agreement dated June 30, 2017 (the “Sale Agreement”) between the Monitor for and on behalf of the Companies and 10276375 Canada Inc. (the “Purchaser”), a copy of which is attached as Appendix E” to the Report is hereby approved, and the Sale Agreement is commercially reasonable
  • Closing terms Vacant possession delivered at noon on Closing Date; Monitor may extend Closing Date with Purchaser's consent without further order
  • Order date 14 July 2017
  • Purchaser 10276375 Canada Inc. · the Purchased Assets (as defined in the Sale Agreement) ... including but not limited to the Lands, Leases and Capital Leases, Personal Property, rights and benefits under the Material Contracts, the Other Contracts, the Licenses and Permits, Leasehold improvements, Books and Records, Inventories, Information Systems, and Intellectual Property · asset sale · approved
PDF
Order of Justice Macintosh Sealing documents: 1. Confidential Supplement to the Seventh Report of the Monitor dated July 10, 2017; and 2. Confidential Supplement to the Eighth Report of the Monitor dated July 10, 2017PDF
Order of Justice Macintosh relating to the Stay Extension to February 15, 2018 and DIP charge
  • Presiding officer Justice Macintosh
PDF
Order of Justice Macintosh, Stay Extension until July 18, 2017
  • Presiding officer Justice Macintosh
PDF
Affidavit 18 of Sandeep Panesar sworn 14 Jul 2017PDF
Court Revision Copy - Seventh Report Forecast through toPDF
Motion Book
  • Recovery outcome Entries: per estimated · Table missing:
PDF
Affidavit 17 Sandeep Panesar, sworn 13 Jul 2017PDF
Notice of Change or Appointment of LawyerPDF
Affidavit 3 of Davis Vaitkunas, sworn 11 Jul 2017PDF
The purpose of this ninth report of the Monitor (the “Ninth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) condensed background information in respect of the Petitioners and the Group; b) cash flow for the period July 10 to February 15, 2018 (the “Ninth Report Forecast Period”); c) the extension of the stay of proceedings to February 15, 2018 as contemplated in the proposed sale approval and vesting order (the “Sale Approval and Vesting Order”); and d) the Monitor’s recommendations
  • Purchaser Distributel · the transaction contemplated in the Distributel APA · asset sale · proposed
  • Sale outcome Approval pending — proposed sale approval and vesting order contemplating the Distributel transaction closing
PDF
Notice of Application of Sale Approval and Vesting OrderPDF
A - 8640025 Undertaking from CotePDF
C - Master Service Agreement TNW and 864PDF
E - Redacted APA with DistributelPDF
F - Form of Proposed Vesting OrderPDF
G - List of AcquisitionsPDF
H - Monitor's View of Assets SchedulePDF
I - Land TitlesPDF
J - UAC Press ReleasePDF
K - TNW email re UACPDF
L - Laliberte Response re UAC Share ExchangePDF
M - iPCS Patent SummaryPDF
N - iFramed Patent SummaryPDF
O - Juximage Patent SummaryPDF
P - Maxalex Consulting AgreementPDF
Q - UIHC and Kolotek AgreementPDF
R - Laforest Purchase Orders and ConfirmationsPDF
S - TNW GazmetroPlus InvoicesPDF
T - TNW and Kolotek AgreementPDF
The purpose of this eighth report of the Monitor (the “Eighth Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) condensed background information in respect of the Petitioners and the Group; b) the Solicitation Process and the asset purchase agreement (the “Distributel APA”) dated June 30, 2017 between the Monitor and 10276375 Canada Inc. (“102”), an affiliate of the Distributel Group of Companies (“Distributel”); c) a confidential supplemental report (the “Confidential Supplement”) that the Monitor will file prior to the hearing date for approval of the Distributel APA (the “Sale Approval and Vesting Order Application”); d) the transactions with United American Corp.; e) the intellectual property owned by the Group; f) the customer billing system; g) information provided to CRA in accordance with the order granted on June 28, 2017; h) the Monitor and its legal counsel’s fees and disbursement; i) the Monitor’s ninth report that will be filed in support of an extension of the stay of proceedings; and j) the Monitor’s recommendations
  • Fee schedule Engagements: Form: invoice_listing · Rows: · Money: Tax: $40.9K · Label: Taxes · Quote: 40,881 · Fees: $790K · Quote: 790,131 · Total: $858K · Quote: 858,497 · includes tax · includes disbursements · Approximate: true · Disbursements: $27.5K · Quote: 27,486 · Period: End: 2017-06-02 · Kind: interim · Quote: The Monitor's fees and disbursements for the period from December 21, 2016 to June 2, 2017 are summarized at Appendix 'V' . · Start: 2016-12-21 · Approval: State: unstated · Averages: · Currency: · Invoices: Tax: 2730 · Date: 2017-01-06 · Fees: 52000 · Quote: CA12C500001199 | January-06-17 | December 21-30, 2016 | 52,000 | 2,600 | 54,600 | 2,730 | 57,330 | 127 · Total: 57330 · Period end: 2016-12-30 · Period start: 2016-12-21 · Disbursements: 2600; Tax: 2518 · Date: 2017-01-25 · Fees: 47717 · Quote: CA12C500001268 | January-25-17 | January 2-6, 2017 | 47,717 | 2,651 | 50,368 | 2,518 | 52,886 | 120 · Total: 52886 · Period end: 2017-01-06 · Period start: 2017-01-02 · Disbursements: 2651; Tax: 2537 · Date: 2017-02-10 · Fees: 48319 · Quote: CA12C500001339 | February-10-17 | January 7-3, 2017 | 48,319 | 2,416 | 50,734 | 2,537 | 53,271 | 125 · Total: 53271 · Disbursements: 2416; Tax: 8205 · Date: 2017-02-22 · Fees: 155885 · Quote: CA12C500001358 | February-22-17 | January 14 - February 17, 2017 | 155,885 | 8,205 | 164,090 | 8,205 | 172,294 | 391 · Total: 172294 · Period end: 2017-02-17 · Period start: 2017-01-14 · Disbursements: 8205; Tax: 2061 · Date: 2017-02-22 · Fees: 41218 · Quote: CA12C500001359 | February-22-17 | December 21 - February 17, 2017 | 41,218 | 0 | 41,218 | 2,061 | 43,278 | 192 · Total: 43278 · Period end: 2017-02-17 · Period start: 2016-12-21 · Disbursements: 0; Tax: 2615 · Date: 2017-03-07 · Fees: 52311 · Quote: CA12C500001408 | March-07-17 | February 18 - March 3, 2017 | 52,311 | 0 | 52,311 | 2,615 | 54,926 | 127 · Total: 54926 · Period end: 2017-03-03 · Period start: 2017-02-18 · Disbursements: 0; Tax: 7054 · Date: 2017-04-21 · Fees: 135539 · Quote: CA12C500001559 | April-21-17 | March 4 - March 31, 2017 | 135,539 | 5,544 | 141,083 | 7,054 | 148,137 | 302 · Total: 148137 · Period end: 2017-03-31 · Period start: 2017-03-04 · Disbursements: 5544; Tax: 6852 · Date: 2017-05-17 · Fees: 134882 · Quote: CA12C500001630 | May-17-17 | April 1 - April 28, 2017 | 134,882 | 2,156 | 137,038 | 6,852 | 143,890 | 291 · Total: 143890 · Period end: 2017-04-28 · Period start: 2017-04-01 · Disbursements: 2156; Tax: 6309 · Date: 2017-06-07 · Fees: 122261 · Quote: CA12C500001708 | June-07-17 | April 29 - June 2, 2017 | 122,261 | 3,914 | 126,175 | 6,309 | 132,484 | 288 · Total: 132484 · Period end: 2017-06-02 · Period start: 2017-04-29 · Disbursements: 3914 · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 1,963 · Value: 1963 · Context quote: The Monitor's fees and disbursements for the period from December 21, 2016 to June 2, 2017 are summarized at Appendix 'V' . · Comparability quote: The Monitor's fees are consistent with the fees charged by similar firms in British Columbia with the capacity to handle a file of comparable size and complexity.; Form: invoice_listing · Rows: · Money: Tax: $5K · Label: Taxes · Quote: 5,000 · Fees: $100K · Quote: 100,000 · Total: $105K · Quote: 105,000 · includes tax · Approximate: false · Period: Kind: invoice · Label: SISP · Approval: State: unstated · Averages: · Currency: · Invoices: Tax: 1000 · Date: 2017-02-01 · Fees: 20000 · Quote: CA12C500001294 | February-01-17 | January 2017 SISP | 20,000 | 1,000 | 21,000 · Total: 21000; Tax: 1000 · Date: 2017-03-02 · Fees: 20000 · Quote: CA12C500001382 | March-02-17 | February 2017 SISP | 20,000 | 1,000 | 21,000 · Total: 21000; Tax: 1000 · Date: 2017-04-03 · Fees: 20000 · Quote: CA12C500001494 | April-03-17 | March 2017 SISP | 20,000 | 1,000 | 21,000 · Total: 21000; Tax: 1000 · Date: 2017-05-17 · Fees: 20000 · Quote: CA12C500001631 | May-17-17 | April 2017 SISP | 20,000 | 1,000 | 21,000 · Total: 21000; Tax: 1000 · Date: 2017-06-07 · Fees: 20000 · Quote: CA12C500001709 | June-07-17 | May 2017 SISP | 20,000 | 1,000 | 21,000 · Total: 21000 · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Context quote: The Monitor's fees and disbursements for the period from December 21, 2016 to June 2, 2017 are summarized at Appendix 'V' .; Form: invoice_listing · Rows: · Money: Tax: $24.8K · Label: Taxes · Quote: 24,832 · Fees: $206K · Quote: 206,436 · Total: $233K · Quote: 232,548 · includes tax · includes disbursements · Approximate: false · Disbursements: $1.28K · Quote: 1,280 · Period: End: 2017-05-30 · Kind: interim · Quote: The fees and disbursements of the Monitor's legal counsel from December 21, 2016 to May 30, 2017 are summarized in Appendix 'T' . · Start: 2016-12-21 · Approval: State: unstated · Averages: · Currency: · Invoices: Tax: 257 · Date: 2016-12-31 · Fees: 2138 · Quote: 2889946 | December-31-16 | December 2016 | 2,138 | 0 | 2,138 | 257 | 2,394 | 4 · Total: 2394 · Disbursements: 0; Tax: 5036 · Date: 2017-01-31 · Fees: 41960 · Quote: 2894808 | January-31-17 | January 2017 | 41,960 | 17 | 41,977 | 5,036 | 47,012 | 68 · Total: 47012 · Disbursements: 17; Tax: 4198 · Date: 2017-03-07 · Fees: 34878 · Quote: 2901300 | March-07-17 | February 2017 | 34,878 | 330 | 35,208 | 4,198 | 39,405 | 51 · Total: 39405 · Disbursements: 330; Tax: 6519 · Date: 2017-03-31 · Fees: 54312 · Quote: 2906456 | March-31-17 | March 2017 | 54,312 | 29 | 54,341 | 6,519 | 60,860 | 88 · Total: 60860 · Disbursements: 29; Tax: 4110 · Date: 2017-04-10 · Fees: 34222 · Quote: 2913558 | April-10-17 | April 2017 | 34,222 | 68 | 34,290 | 4,110 | 38,400 | 57 · Total: 38400 · Disbursements: 68; Tax: 4713 · Date: 2017-06-16 · Fees: 38927 · Quote: 2920882 | June-16-17 | May 2017 | 38,927 | 836 | 39,763 | 4,713 | 44,476 | 79 · Total: 44476 · Disbursements: 836 · Firm text: McCarthy LLP · Firm quote: McCarthy LLP · Hours total: Quote: 347 · Value: 347 · Context quote: The fees and disbursements of the Monitor's legal counsel from December 21, 2016 to May 30, 2017 are summarized in Appendix 'T' .
  • Process results 36 NDAs · 7 LOIs
  • Purchaser 10276375 Canada Inc. · all of the Vendor's right, title and interest in all of its assets and undertaking (the Purchased Assets) · asset sale · price sealed · proposed; United American Corp. · issued and outstanding shares of TNW Networks (the TNW Shares) · share sale · $3M · not completed
  • Sale outcome Approval pending — Monitor recommends the Court grant the Proposed Vesting Order approving the Distributel APA; closing anticipated before August 15, 2017
PDF
U - Investel Letter to McCarthy re Unauthorized AccessPDF
V - Fees EY Monitor Invoices
  • Fee schedule Engagements: Form: invoice_listing · Rows: · Money: Tax: $40.9K · Label: Taxes · Quote: 40,881 · Fees: $790K · Quote: 790,131 · Total: $858K · Quote: 858,497 · includes tax · includes disbursements · Approximate: false · Disbursements: $27.5K · Quote: 27,486 · Period: End: 2017-06-02 · Kind: cumulative · Quote: Details of invoices - Ernst & Young Inc. · Start: 2016-12-21 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: Tax: 2730 · Date: 2017-01-06 · Fees: 52000 · Quote: CA12C500001199 | January-06-17 | December 21-30, 2016 | 52,000 | 2,600 | 54,600 | 2,730 | 57,330 | 127 · Total: 57330 · Period end: 2016-12-30 · Period start: 2016-12-21 · Disbursements: 2600; Tax: 2518 · Date: 2017-01-25 · Fees: 47717 · Quote: CA12C500001268 | January-25-17 | January 2-6, 2017 | 47,717 | 2,651 | 50,368 | 2,518 | 52,886 | 120 · Total: 52886 · Period end: 2017-01-06 · Period start: 2017-01-02 · Disbursements: 2651; Tax: 2537 · Date: 2017-02-10 · Fees: 48319 · Quote: CA12C500001339 | February-10-17 | January 7-3, 2017 | 48,319 | 2,416 | 50,734 | 2,537 | 53,271 | 125 · Total: 53271 · Period end: 2017-01-13 · Period start: 2017-01-07 · Disbursements: 2416; Tax: 8205 · Date: 2017-02-22 · Fees: 155885 · Quote: CA12C500001358 | February-22-17 | January 14 - February 17, 2017 | 155,885 | 8,205 | 164,090 | 8,205 | 172,294 | 391 · Total: 172294 · Period end: 2017-02-17 · Period start: 2017-01-14 · Disbursements: 8205; Tax: 2061 · Date: 2017-02-22 · Fees: 41218 · Quote: CA12C500001359 | February-22-17 | December 21 - February 17, 2017 | 41,218 | 0 | 41,218 | 2,061 | 43,278 | 192 · Total: 43278 · Period end: 2017-02-17 · Period start: 2016-12-21 · Disbursements: 0; Tax: 2615 · Date: 2017-03-07 · Fees: 52311 · Quote: CA12C500001408 | March-07-17 | February 18 - March 3, 2017 | 52,311 | 0 | 52,311 | 2,615 | 54,926 | 127 · Total: 54926 · Period end: 2017-03-03 · Period start: 2017-02-18 · Disbursements: 0; Tax: 7054 · Date: 2017-04-21 · Fees: 135539 · Quote: CA12C500001559 | April-21-17 | March 4 - March 31, 2017 | 135,539 | 5,544 | 141,083 | 7,054 | 148,137 | 302 · Total: 148137 · Period end: 2017-03-31 · Period start: 2017-03-04 · Disbursements: 5544; Tax: 6852 · Date: 2017-05-17 · Fees: 134882 · Quote: CA12C500001630 | May-17-17 | April 1 - April 28, 2017 | 134,882 | 2,156 | 137,038 | 6,852 | 143,890 | 291 · Total: 143890 · Period end: 2017-04-28 · Period start: 2017-04-01 · Disbursements: 2156; Tax: 6309 · Date: 2017-06-07 · Fees: 122261 · Quote: CA12C500001708 | June-07-17 | April 29 - June 2, 2017 | 122,261 | 3,914 | 126,175 | 6,309 | 132,484 | 288 · Total: 132484 · Period end: 2017-06-02 · Period start: 2017-04-29 · Disbursements: 3914 · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 1,963 · Value: 1963 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres Details of invoices - Ernst & Young Inc.; Form: time_summary · Rows: Kevin Brennan; Brendan Gallagher; Michelle Grant; Brent Cheung; Mike Bell; Mark Quinlan; Oleksandr Ushchapovskyi; Hamid Kholafaei; Matt Austin; Riyandi Tan; Esther Wong; Marcos Souza; Robert Ferguson; GTH; Hours: 1963.2 · Quote: 1,963.2 · Row kind: subtotal · Rate kind: standard · Money: Approximate: false · Period: End: 2017-06-02 · Kind: cumulative · Quote: People Summary - Ernst & Young · Start: 2016-12-21 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 1,963.2 · Value: 1963.2 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres People Summary - Ernst & Young; Form: time_summary · Rows: Michelle Grant; Mike Bell; Mark Quinlan · Money: Tax: $2.73K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $52K · Quote: $52,000.00 · Total: $57.3K · Quote: TOTAL · includes tax · Approximate: false · Period: End: 2016-12-30 · Kind: invoice · Quote: For professional services rendered from December 21-30, 2016 in accordance with the attached. · Start: 2016-12-21 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 126.9 · Value: 126.9 · Context quote: Ernst & Young Inc. · Discount note: Text: Courtesy discount applied · Quote: Less: Courtesy discount; Form: time_summary · Rows: Michelle Grant; Brent Cheung; Mike Bell; Mark Quinlan; Oleksandr Ushchapovskyi; Riyandi Tan; Marcos Souza · Money: Tax: $2.52K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $53K · Quote: $53,017.00 · Total: $52.9K · Quote: TOTAL · includes tax · Approximate: false · Period: End: 2017-01-06 · Kind: invoice · Quote: For professional services rendered from January 2-6, 2017, in accordance with the attached. · Start: 2017-01-02 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 120.3 · Value: 120.3 · Context quote: Ernst & Young Inc. · Discount note: Text: Courtesy discount applied · Quote: Less: Courtesy Discount; Form: time_summary · Rows: Michelle Grant; Brent Cheung; Mike Bell; Mark Quinlan; Riyandi Tan; Marcos Souza; Esther Wong · Money: Tax: $2.54K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $53.7K · Quote: $53,718.50 · Total: $53.3K · Quote: TOTAL · includes tax · Approximate: false · Period: End: 2017-01-13 · Kind: invoice · Quote: For professional services rendered from January 7 -13, 2017, in accordance with the attached. · Start: 2017-01-07 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 125.1 · Value: 125.1 · Context quote: Ernst & Young Inc. · Discount note: Text: Courtesy discount applied · Quote: Less: Courtesy discount; Form: time_summary · Rows: Kevin Brennan; Michelle Grant; Mike Bell; Mark Quinlan; Oleksandr Ushchapovskyi; Riyandi Tan; Marcos Souza; Esther Wong · Money: Tax: $8.2K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $164K · Quote: $164,090.00 · Total: $172K · Quote: TOTAL · includes tax · Approximate: false · Period: End: 2017-02-17 · Kind: invoice · Quote: For professional services rendered from January 14 - February 17, 2017, in accordance with the attached. · Start: 2017-01-14 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 391.0 · Value: 391 · Context quote: Ernst & Young Inc.; Form: time_summary · Rows: Brendan Gallagher; Brent Cheung; Matt Austin; Hamid Kholafaei; GTH · Money: Tax: $2.06K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $45.7K · Quote: $45,717.50 · Total: $43.3K · Quote: TOTAL · includes tax · Approximate: false · Period: Kind: invoice · Quote: For professional services rendered in accordance with paragraph 5 of the Court order dated December 21, 2016. · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 192.4 · Value: 192.4 · Context quote: Ernst & Young Inc.; Form: time_summary · Rows: Kevin Brennan; Michelle Grant; Mike Bell; Mark Quinlan; Riyandi Tan; Marcos Souza · Money: Tax: $2.62K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $52.3K · Quote: $52,310.50 · Total: $54.9K · Quote: TOTAL · includes tax · Approximate: false · Period: End: 2017-03-03 · Kind: invoice · Quote: For professional services rendered from February 18 - March 3, 2017 in accordance with the attached. · Start: 2017-02-18 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 126.8 · Value: 126.8 · Context quote: Ernst & Young Inc.; Form: time_summary · Rows: Kevin Brennan; Michelle Grant; Mike Bell; Mark Quinlan; Riyandi Tan; Marcos Souza; Esther Wong · Money: Tax: $7.05K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $136K · Quote: $135,539.00 · Total: $148K · Quote: TOTAL · includes tax · includes disbursements · Approximate: false · Disbursements: $5.54K · Quote: 5,544.00 · Period: End: 2017-03-31 · Kind: invoice · Quote: For professional services rendered from March 4-31, 2017 in accordance with the attached. · Start: 2017-03-04 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 301.9 · Value: 301.9 · Context quote: Ernst & Young Inc.; Form: time_summary · Rows: Kevin Brennan; Michelle Grant; Mike Bell; Mark Quinlan; Riyandi Tan; Marcos Souza; Esther Wong; Robert Ferguson · Money: Tax: $6.85K · Label: GST · Quote: Add: GST (@ 5%) · Fees: $135K · Quote: $134,882.00 · Total: $144K · Quote: TOTAL · includes tax · includes disbursements · Approximate: false · Disbursements: $2.16K · Quote: 2,156.49 · Period: End: 2017-04-28 · Kind: invoice · Quote: For professional services rendered from April 1 to 28, 2017 in accordance with the attached. · Start: 2017-04-01 · Approval: State: unstated · Averages: · Currency: Code: CAD · Quote: CAD Total · Invoices: · Firm text: Ernst & Young Inc. · Firm quote: Ernst & Young Inc. · Hours total: Quote: 291.0 · Value: 291 · Context quote: Ernst & Young Inc.
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V - Investel LetterPDF
W - Solicitation Process Engagement LetterPDF
X - Fees EY SISP InvoicesPDF
Y - Fees McCarthy Invoices
  • Fee schedule Engagements: Form: invoice_listing · Rows: Collins, Sean; Frost, David; Milman, Warren B; McHardy, Christopher; Kosoric, Bosa; Belton, Sandra; Gifford, Robyn; Campbell, Bonnie; Butler, Andrew; Hanowski, Kevan; Hours: 347 · Quote: 347.0 · Row kind: subtotal · Rate kind: standard · Money: Tax: $24.8K · Label: Taxes · Quote: 24,832 · Fees: $206K · Quote: 206,436 · Total: $233K · Quote: 232,548 · includes tax · includes disbursements · Approximate: false · Disbursements: $1.28K · Quote: 1,280 · Period: End: 2017-05-31 · Kind: cumulative · Quote: We enclose our invoice for services rendered to May 31, 2017 with respect to the above file. · Start: 2016-12-01 · Approval: State: unstated · Averages: · Currency: · Invoices: Tax: 257 · Date: 2016-12-31 · Fees: 2138 · Quote: 2889946 | December-31-16 | December 2016 | 2,138 | 0 | 2,138 | 257 | 2,394 | 4 · Total: 2394 · Disbursements: 0; Tax: 5036 · Date: 2017-01-31 · Fees: 41960 · Quote: 2894808 | January-31-17 | January 2017 | 41,960 | 17 | 41,977 | 5,036 | 47,012 | 68 · Total: 47012 · Disbursements: 17; Tax: 4198 · Date: 2017-03-07 · Fees: 34878 · Quote: 2901300 | March-07-17 | February 2017 | 34,878 | 330 | 35,208 | 4,198 | 39,405 | 51 · Total: 39405 · Disbursements: 330; Tax: 6519 · Date: 2017-03-31 · Fees: 54312 · Quote: 2906456 | March-31-17 | March 2017 | 54,312 | 29 | 54,341 | 6,519 | 60,860 | 88 · Total: 60860 · Disbursements: 29; Tax: 4110 · Date: 2017-04-10 · Fees: 34222 · Quote: 2913558 | April-10-17 | April 2017 | 34,222 | 68 | 34,290 | 4,110 | 38,400 | 57 · Total: 38400 · Disbursements: 68; Tax: 4713 · Date: 2017-06-16 · Fees: 38927 · Quote: 2920882 | June-16-17 | May 2017 | 38,927 | 836 | 39,763 | 4,713 | 44,476 | 79 · Total: 44476 · Disbursements: 836 · Firm text: McCarthy Tetrault · Firm quote: 8640025 Canada Inc. and Teliphone Data Centres Details of invoices - McCarthy Tetrault · Hours total: Quote: 347 · Value: 347 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres Details of invoices - McCarthy Tetrault
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Z - Fees MLT Aikins and Agent Counsels Invoices
  • Fee schedule Engagements: Form: invoice_listing · Rows: · Money: Tax: $15.2K · Label: Taxes · Quote: 15,183 · Fees: $125K · Quote: 124,810 · Total: $145K · Quote: 145,236 · includes tax · includes disbursements · Approximate: false · Disbursements: $5.24K · Quote: 5,242 · Period: Kind: invoice · Approval: State: unstated · Averages: · Currency: · Invoices: Tax: 6101 · Date: 2017-06-22 · Fees: 54290 · Quote: MLT - 702445 | June-22-17 | March 28 to May 26, 2017 | 54,290 | 2,586 | 56,876 | 6,101 | 62,977 | 159 · Total: 62977 · Period end: 2017-05-26 · Period start: 2017-03-28 · Disbursements: 2586; Tax: 5045 · Date: 2017-06-21 · Fees: 40400 · Quote: Langlois - 6000579 | June-21-17 | April 3 to May 25, 2017 | 40,400 | 1,726 | 42,126 | 5,045 | 47,171 | 146 · Total: 47171 · Period end: 2017-05-25 · Period start: 2017-04-03 · Disbursements: 1726; Tax: 4037 · Date: 2017-05-31 · Fees: 30120 · Quote: Pallett Valo - 178389 | May-31-17 | April 3 to May 25, 2017 | 30,120 | 931 | 31,051 | 4,037 | 35,088 | 59 · Total: 35088 · Period end: 2017-05-25 · Period start: 2017-04-03 · Disbursements: 931 · Firm text: MLT Aikins and Agent Counsels · Firm quote: MLT Aikins and Agent Counsels · Hours total: Quote: 363 · Value: 363 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres Details of invoices - MLT Aikins and Agent Counsels; Form: time_summary · Rows: Alex Ilchenko; Joe Conte; Kathleen Flynn; Hours: 59.2 · Quote: | | | 59.2 | | · Row kind: subtotal · Rate kind: standard · Money: Approximate: false · Period: End: 2017-05-25 · Kind: invoice · Quote: April 3 to May 25, 2017 · Start: 2017-04-03 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Pallett Valo · Firm quote: Pallett Valo · Hours total: Quote: 59.2 · Value: 59.2 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres People Summary - MLT Aikins and Agent Counsels; Form: time_summary · Rows: Gerry Apostolatos; Lucien Godbout; Félix Bernard; Simon Chénard; Shane Goldman; Vincent Plante; Catherine Vaillancourt; Danielle Piché; Dominike Courteau; Émilie Leblanc; Hours: 145.6 · Quote: | | | 145.6 | | · Row kind: subtotal · Rate kind: standard · Money: Approximate: false · Period: End: 2017-05-25 · Kind: invoice · Quote: April 3 to May 25, 2017 · Start: 2017-04-03 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Langlois · Firm quote: Langlois · Hours total: Quote: 145.6 · Value: 145.6 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres People Summary - MLT Aikins and Agent Counsels; Form: time_summary · Rows: Doug L. Osborn; Jonathan O'Connor; Sarvi Veylan; Dana M. Nowak; Janelle M. Wilson; Erin S. Eccleston; Derek Deacon; Kathleen J. Ungos; Valerie Omasta; Justin Wood; Darlene Dougherty; Janice Nair · Money: Approximate: false · Period: End: 2017-05-26 · Kind: invoice · Quote: March 28 to May 26, 2017 · Start: 2017-03-28 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MLT · Firm quote: MLT · Hours total: Quote: 158.6 · Value: 158.6 · Context quote: 8640025 Canada Inc. and Teliphone Data Centres People Summary - MLT Aikins and Agent Counsels
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Letter re: United American Corp. transactionPDF
U - Letter to Sandeep PanesarPDF
Amended Notice of ApplicationPDF
Order of Mr. Justice Bowden This Court orders and declares that: 1. the stay of proceedings is extended to July 14, 2017; 2. the directors and any other person purporting to exercise governance or control over the Companies are restrained from resolving to or otherwise causing the Companies, or any of them, from making voluntary assignments into bankruptcy; 3. The Application for an order directing any person who has control over the Companies’ email accounts to forthwith provide full access and control to such email accounts to the Monitor is adjourned sine die; 4. the Monitor is hereby authorized and directed to respond to and comply with Canada Revenue Agency’s Request for Information dated May 18, 2017; 5. the New Monitor’s Charge granted by Order in these proceedings on April 6, 2017 is hereby increased from $250,000 to $550,000; and 6. Sandeep Panesar shall forthwith provide to the Monitor details of the transaction surrounding the acquisition of TNW Networks Inc. by United American Corp (United Corp) including copies of all agreements related to or in anyway connected to such acquisitionPDF
G - EY Letter to Additional CreditorsPDF
Notice of Intention to Act in PersonPDF
Proof of Claim Register as at 27 Jun 2017PDF
Q - Teliphone Corp Asset ReportPDF
S - Organizational ChartPDF
Service list as atPDF
T - 2014 T2 Tax ReturnPDF
The purpose of this seventh report (the “Seventh Report”) is to provide the Supreme Court of British Columbia with information pertaining to, inter alia: a) condensed background information in respect of the Petitioners and the Group; b) an update on the Monitor’s activities since it filed the Sixth Report; c) an update on the cash flow of the Petitioners, including: i. actual compared to forecast amounts for the period March 27, 2017 to June 23, 2017; ii. forecast for the period June 24, 2017 to July 31, 2017 (the “Seventh Report Forecast Period”); and iii. the requirement to defer pre-payments to the Network Providers and, in lieu of pre-payments, provide the Network Providers with a critical supplier charge; d) the provision of tariffed and mandated services from the Network Providers pursuant to the Orders and Tariffs of the CRTC; e) communications with the Canada Revenue Agency (“CRA”) and Revenu Quebec; f) the Monitor’s identification of additional creditors of the Petitioners that were not notified of these CCAA proceedings; g) issues with access to the Petitioners’ e-mail accounts maintained by Google; 10 h) the Teliphone Corp. claim; i) the retention of Lunny Atmore as legal counsel for Teliphone Corp.; j) the review of the assets of TNW Networks pursuant to Paragraph 6 of the Enhanced Monitor Powers Order; k) the Solicitation Process; l) the negotiations of an APA with the Selected Offeror; m) an update on the Claims Process; n) the prospect of alternative insolvency proceedings in respect of the Petitioners; o) the extension of the stay of proceedings; and p) the Monitor’s conclusions and recommendationsPDF
V - Bond and Bell Security over Teliphone CorpPDF
Affidavit 2 of O. Tamba sworn 26 Jun 2017PDF
W - Claims Register as atPDF
Affidavit 1 of Lawry Trevor-Deustch, sworn 24 Jun 2017, Part 1 of 2PDF
Affidavit 1 of Lawry Trevor-Deustch, sworn 24 Jun 2017, Part 2 of 2PDF
B - Telus Default NoticePDF
M - Teliphone Corp. Proof of ClaimPDF
P - McCarthy Letter to LunnyPDF
Affidavit 1 of Benoit Laliberte, sworn 16 Jun 2017PDF
D - EY 2nd Letter to CRA re Payroll TrustPDF
F - EY Letter to CRA re InformationPDF
Service ListPDF
H - EY Letter to GooglePDF
O - Lunny Change of Counsel LetterPDF
Proof of Claim Register as at 12 June 2017PDF
J - Letter re Teliphone McCarthy ResponsePDF
K - Letter re Teliphone Cassels Brock ResponsePDF
L - Letter re Teliphone Corp BLG ResponsePDF
Application Record Index re SBA's Application re Leases ( hrg)PDF
I - Letter re Teliphone from AkermanPDF
Affidavit 2 of Ed Hachey, sworn 26 May 2017PDF
Application Response of The Bank of Nova ScotiaPDF
Application Response of Monitor and the PetitionersPDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 1 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 2 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 3 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 4 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 5 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 6 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 7 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 8 of 9PDF
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 9 of 9PDF
E - Information Letter from CRAPDF
C - EY 1st Letter to CRA re Payroll TrustPDF
Proof of Claim Register as at 27 Apr 2017PDF
Teliphone Canada Corporation Creditor ListPDF
N - Lunny Cease Involvement LetterPDF
Order of Justice Bowden made: This Court orders and declares that: The Claims Process Order made herein on January 30, 2017 is hereby amended by extending until April 30, 2017 the deadline set out in paragraph 25 thereof for the Monitor to send a Notice of Revision or a Notice of Disallowance to creditors who submitted a proof of claim asserting a secured claim. The Solicitation Plan attached as Appendix A to the Supplement to the Second Report of the Monitor dated January 19, 2017 is hereby amended by changing the deadlines for Steps 4, 5, 6 and 7PDF
Order of Mr. Justice Bowden This Court orders that: 1. The relief granted in the Amended and Restated Initial Order made November 30, 2016, including the stay of proceedings, is hereby continued and extended to 12 noon on April 6, 2017, without prejudice to the right of any party to argue that the conditions precedent for such continuation and extension have not been fulfilledPDF
Affidavit 14 of S.Panesar sworn (unfiled) 05 Apr 2017PDF
Affidavit 15 of S.Panesar sworn 05 Apr 2017PDF
Order of Justice Bowden made April 4 2017 This Court orders that: 1. The relief granted in the Amended and Restated Initial Order made November 30, 2016, including the stay of proceedings, is hereby continued and extended to 4 p.m. on April 5, 2017, without prejudice to the right of any party to argue that the conditions precedent for such continuation and extension have not been fulfilled
  • Applicant 8640025 Canada Inc. and Teliphone Data Centres Inc.
  • Commencement date 4 April 2017
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Affidavit 1 of B. Laliberte filed 03 Apr 2017PDF
Affidavit 2 of B. Laliberte (sworn ) (unfiled) 03 Apr 2017PDF
Proof of Claim Register as at 03 Apr 2017PDF
The purpose of this Sixth Report (the “Sixth Report”) is to provide this Honourable Court with information pertaining to: a) condensed background information in respect of the Petitioners and the Group; b) an update on the Monitor’s activities since it filed the Fifth Report; c) an update on operational matters; d) an update on the Solicitation Process; e) an update on the cash flow of the Petitioners, including: i. actual compared to forecast amounts for the period February 27, 2017 to March 24,2017; ii. revised cash flow forecast for the period March 20, 2017 to June 30, 2017; f) a requirement to increase the New Administration Charge in the event that a receivership order is not granted; g) an update on the claims process; h) an update on the Meetings; i) the further extension sought by the Petitioners; and j) the Monitor’s conclusions and recommendationsPDF
Affidavit 1 of Ed Hachey, sworn 31 Mar 2017PDF
Notice of Application re lease paymentsPDF
Requisition (reset Petitioner app from Feb 8) () (00595106PDF
Proof of Claim Register as at 23 Mar 2017PDF
Affidavit 1 of O. Tamba sworn 22 Mar 2017PDF
Affidavit 13 of S. Panesar sworn 22 Mar 2017PDF
Notice of Application (extend stay of proceedings)(Unfiled) (00591443xC4EF4)PDF
Notice of Application of the Monitor-increase second adm charge-datedPDF
Requisition - Confirmation of Hearing onPDF
This Court Orders that: 1. The Application is adjourned to a date and time as set out below. 2. The Petitioners shall: (a) On or before 12:00 p.m. on March 20, 2017, have obtained $220,000 in additional financing, and provided the Monitor with proof thereof; (b) On or before 5:00 p.m. on March 21, 2017, have delivered to the Monitor the form of undertaking as ordered by this Honourable Court on February 8, 2017; and (c) Provide their full cooperation to the Monitor to allow for the orderly conclusion of the Solicitation Process, as ordered by this Honourable Court on December 21, 2016PDF
Affidavit 1 of Susan Danielisz, sworn 16 Mar 2017PDF
The purpose of this supplement to the Fifth Report (the “Supplement to the Fifth Report”) is to provide this Honourable Court with information pertaining to: a) an update with respect to the Petitioners’ operations; b) the steps taken by the Petitioners to address the concerns of the Monitor outlined in the Fifth Report; and c) the Monitor’s conclusions and recommendations. Capitalized terms not defined in this Supplement to the Fifth Report are as defined in the ARIO, the EYI Order, the Second Report, the Solicitation Plan, the Supplement to the Second Report, the Third Report, the Fourth Report, or the Fifth Report. All references to dollars are in Canadian currencyPDF
Affidavit 3 of Miriam Dominguez, sworn 13 Mar 2017PDF
Requisition – TELUS - reset contempt hearing toPDF
Affidavit 2 of Miriam Dominguez sworn 10 Mar 2017PDF
Notice of Application of Bell re sealing orderPDF
Affidavit 1 of Alan Mileta sworn 09 Mar 2017PDF
Application Record Cover and IndexPDF
Application ResponsePDF
Application Response of TELUS to Petitioners’ strike applicationPDF
Application Response of TELUS to app. for Receivership OrderPDF
Notice of Application re 8640025 Canada IncPDF
Requisition reset HearingPDF
The purpose of this fifth report (the “Fifth Report”) is to provide this Honourable Court with: a) condensed background information in respect of the Petitioners and the Group (defined below); b) an update on the Monitor’s activities since it filed its Fourth Report; c) discussions with the Harbour Centre landlord; d) actual receipts for the period February 6, 2017 through February 24, 2017 compared to the Fourth Report Forecast; e) the Monitor’s further revised cash flow forecast for the period February 27, 2017 through to March 31, 2017 (the “Fifth Report Forecast”); f) the proposed new interim lending facility term sheet; g) the Monitor’s forecast from March 13, 2017 through June 30, 2017 (the “Extended Borrowings Forecast”); h) Telus and BCE Group services a part of which make up the Petitioners’ February 3 rd Notice of Application; i) additional observations with respect to documentation provided by the Petitioners in respect of the assignment of customer contracts to TNW Networks; j) the Petitioners’ restructuring plan; k) the status of these proceedings; and l) the Monitor’s conclusions and recommendationsPDF
Affidavit 1 of Stan Thompson, sworn 08 Mar 2017PDF
Affidavit 1 of Stan Thompson, sworn 08 Mar 2017 (Exhibits - part 1)PDF
Affidavit 1 of Stan Thompson, sworn 08 Mar 2017 (Exhibits - part 2)PDF
Affidavit 1 of Domenica Maciocia sworn 07 Mar 2017PDF
Affidavit 1 of J Warta, sworn 07 Mar 2017PDF
Affidavit 2 of Davis Vaitkunas sworn 07 Mar 2017PDF
Notice of Application of BNS et al re Receivership Order
  • Proceeding type ccaa
  • Statutory basis COMPANIES' CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED
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Notice of Change of Lawyer (Filed)PDF
Affidavit 1 of Miriam Dominguez, sworn 06 Mar 2017PDF
Affidavit 1 of Miriam Domínguez sworn 06 Mar 2017PDF
Affidavit 2 of Norine Nobuto sworn 06 Mar 2017PDF
Affidavit 9 of S. Panesar sworn 06 Mar 2017PDF
Notice of Application of TELUS returnablePDF
Affidavit #2 of Cheryl Conn, sworn - Part 1PDF
Affidavit #2 of Cheryl Conn, sworn - Part 2PDF
Notice of Application of Petitioners-strike contempt application-datedPDF
Service List - updatedPDF
Response to Application of Petitioners re TELUS’PDF
Affidavit 5 of Avic Arenas sworn on 28 Feb 2017PDF
Solicitation PlanPDF
Affidavit 1 of Norine Nobuto, sworn on 21 Feb 2017PDF
Affidavit 4 of Avic Arenas, sworn 21 Feb 2017PDF
Affidavit 4 of Gary Budd, sworn on 21 Feb 2017PDF
Affidavit 8 of Sandeep Panesar sworn 20 Feb 2017PDF
Notice of Application of TELUS (cross exam) filedPDF
Instruction LetterPDF
Notice of Dispute FormPDF
Order of Mr. Justice Affleck (amendments to ARIO)
  • Counsel Lunny Atmore LLP
  • Presiding officer Justice Affleck
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Proof of ClaimPDF
Order of Justice Affleck made 08 Feb 2017 The Court orders that: Control regarding the cash management system; Additional reporting requirements regarding the AIRO; Monitor negotiations with landlord; Providing documents in relation to TNW Networks and any future requests for documents; and provide Monitor with Irrevocable Assignment
  • Presiding officer Justice Affleck
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The purpose of this fourth report (the “Fourth Report”) is to provide the Supreme Court of British Columbia with: a) condensed background information potentially relevant to the matters before the Court at the hearing on February 8, 2017; b) an update on the Monitor’s activities since it filed its Third Report; c) an update on the matters contained in the Third Report; d) comments on certain aspects of the February 3rd Notice of Application; e) the Monitor’s revised cash flow forecast for the period January 30, 2017 through to March 31, 2017 (the “Revised Extended Stay Forecast”); f) engagement letters for the Solicitation Process and refinancing efforts; g) additional observations with respect to TNW Networks Corp. and its role in these proceedings and the Solicitation Plan; and h) the Monitor’s conclusions and recommendationsPDF
Affidavit 7 of Sandeep Panesar sworn 03 Feb 2017, Part 2, (Ex. M - W)PDF
Affidavit 7 of Sandeep Panesar, sworn 03 Feb 2017, Part 1 (Ex. A - L)PDF
Notice of Application of Petitioners (Filed)PDF
Claims Process Order Unentered pronouncedPDF
The purpose of this third report (the “Third Report”) of the Monitor is to provide updated information to the Supreme Court of British Columbia pertaining to the remainder of the Secured Creditor Application, including, inter alia: a. condensed background information; b. updates on dealings with certain landlords; c. difficulties that have been encountered by the Monitor in gaining adequate access to information and personnel; and d. the Monitor’s conclusionsPDF
Affidavit 6 of Sandeep Panesar sworn 25 jan 2017PDF
Amended App Record IndexPDF
Amended Notice of Application of BNS (Unfiled)PDF
B-L Notice of Application (2 v 3)PDF
Notice of Application of BNS et al (returnable ) (unfiled)PDF
Notice of Application returnablePDF
Order of Mr. Justice Affleck made 20 Jan 2017 The Court Orders that: 1. The application to approve the Monitor’s First Report to the Court filed by Boale, Wood & Company Ltd. on December 19, 2016 is adjourned generally. 2. The application to approve the Monitor’s Second Report to the Court filed by Boale, Wood & Company Ltd. on December 20, 2016 is adjourned generally. The Petitioners pay Boale, Wood & Company Ltd. its outstanding fees in the amount of $37,209.90. The Petitioners pay Watson Goepel LLP its fees in the amount of $5,198.45. Any party to these proceedings be at liberty to apply for a taxation of the accounts of Boale, Wood & Company Ltd. and/or Watson Goepel LLP in accordance with the Supreme Court Civil Rules, B.C. Reg. 168/2009, the Companies’ Creditors Arrangement Act, R.S.C., c-36, and the directions of the Supreme Court of British ColumbiaPDF
Affidavit 5 of S. Panesar (unfiled) dated 19 Jan 2017PDF
Notice of Application (Unfiled)PDF
The purpose of this supplement to the Second Report (the “Supplement to the Second Report”) is to provide the Supreme Court of British Columbia with information pertaining to: a) commentary on the Proposed Solicitation Plan, (attached as Appendix “P” to the ‘ Second Report); b) the Second Report Forecast; c) the Court ordered charges defined in the ARIO; and d) the Monitor’s recommendationsPDF
Affidavit #1 of Tracy Dundass sworn on 17 Jan 2017PDF
Affidavit 1 of John McEown sworn on 17 Jan 2017PDF
Notice of ApplicationPDF
The purpose of this second report (the "Second Report") of the Monitor is to provide information to the Supreme Court of British Columbia in respect of the following: a) a detailed background of the Applicants, including a discussion pertaining to: • a brief overview of the telecommunication industry in Canada, . a brief history of the TNW Group, . the corporate structure of the TNW Group, . management of the TNW Group; . the operations of the Applicants, o cash management; • the relationship between TNW Networks (defined below) and the Applicants, and . the assets and liabilities of the Applicants, b) the activities of the Monitor in accordance with the provisions of the ARIO, the EYI Order and statutory obligations under the CCAA, c) discussions with key stakeholders and/or legal counsel to key stakeholders including, inter alia : Bond Capital Fund V Limited Partnership (" Bond" or the "DIP Lender "), Bank of Nova Scotia ("BNS"), Telus, BCE Group, Cascade Divide Enterprises ("Cascade "), SBA Canada ULC ("SBA" ); and Landlords, d) the proposed Solicitation Plan and the proposed Solicitation Process, e) the claims process as more fully described in the draft claims process order (the "Claims Process Order") attached to the motion materials for the January 20th hearing date, f) the Applicants cash flow forecast, including: an update with regard to the Applicants' operating cash flow, including the budget to actual variance analysis of the cash flows of the Applicants for the period of December 17, 2016 to January 6, 2017 (the "Reporting Period"), and the Applicants' revised cash flow forecast for the period of January 7, 2017 to June 2, 2017 (the "Forecast Period") g) the Applicants preliminary reorganization plan; h) the basis and requirement for the Applicant's request for an extension of the Stay Period to May 31, 2017 (the "Extended Stay Period" and i) the Monitor's conclusions and recommendationsPDF
Consent Order re slip rule amendmentPDF
G - Lawry Trevor-Deutsch CommentsPDF
Appellants' Reply MemorandumPDF
Notice to CreditorsPDF
Affidavit 1 of Davis Vaitkunas swornPDF
Application Response of TELUS filedPDF
Notice of Application of the Bank of Nova Scotia filedPDF
Order of Justice Affleck orders that: Except as modified herein, all relief granted in the Amended and Restated Initial Order pronounced November 30, 2016 (the "ARIO"), including the stay of proceedings, is hereby continued and extended to January 20, 2016. Monitor Boale Wood & Company ("Boale Wood") is discharged as the court-appointed monitor of the Petitioners in these proceedings (the "Monitor), and together with their counsel are directed to forthwith pass their accounts in accordance with the ARIO. Ernst & Young Inc. ("EY") is appointed as Monitor effective immediately, and the ARIO is amended mutatis mutandis to replace Boale Wood with EY as the MonitorPDF
Affidavit #1 of Karen Swierstra swornPDF
Affidavit #2 of Avic Arenas sworn (filed)PDF
Affidavit #2 of Gary Budd sworn (unfiled)PDF
Affidavit #4 of Sandeep Panesar sworn (filed)PDF
Notice of Application of the Petitioners filedPDF
Affidavit #1 of Cheryl Conn swornPDF
Notice of Application of TELUS filedPDF
Affidavit #1 of Avic Arenas swornPDF
8640025 Canada Inc. Creditor List
  • Secured creditors $4M · Note: Large round amount; classification as secured uncertain from list alone · Page: 1 · Debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication · Creditor: Cascade Divide Enterprises
  • Unsecured creditors $14.3K · Page: 2 · Basis: Creditor List as reported · Debtor: 8640025 Canada Inc. dba Teliphone Navigata-Westel Communication · Creditor: TeliaSonera International Carrier
PDF
Notice of Change of Lawyer for TELUS filed by Dentons onPDF
Teliphone Data Centers Inc. Creditor ListPDF
Amended and Restated Initial Order entered 05 Dec 2016PDF
Affidavit #1 of D. Hamann-Trou sworn and filed onPDF
Affidavit #1 of Nadia Walnicki sworn and filedPDF
Affidavit #2 of Sandeep Panesar sworn Nov. 29, 2016 (filed )PDF
Affidavit #3 of Sandeep Panesar made Nov. 29, 2016 (filed )PDF
Response to Petition of TELUS filedPDF
Affidavit #1 of Gary Budd swornPDF
Affidavit #1 of Lori Viner sworn (filed)PDF
Requisition scheduling hearing of CCAA application filedPDF
Petition filed by 8640025 Canada Inc. and Teliphone Data Centres Inc. onPDF
Affidavit #1 of Sandeep Panesar sworn (filed)PDF
F - Lawry Trevor-Deutsch EPDF
U - TNW Networks Assignment Form LetterPDF
R - Audited FinancialsPDF

Filing titles, dates, and extracted key facts are public.

CiteProceedings., “8640025 Canada Inc and Teliphone Data Centers Inc” (CCAA), Supreme Court of British Columbia. Retrieved 20 September 2026, https://proceedings.ca/case/8640025-canada-inc-and-teliphone-data-centers-inc

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Sources last checked · summary updated 21 August 2026 · Report a correction · Printed from proceedings.ca/case/8640025-canada-inc-and-teliphone-data-centers-inc

Facts and summaries are extracted automatically from the court filings linked on each page; the filings remain the authoritative record. Suggested corrections are reviewed against the source filings.