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
Industry
Technology, media & telecom · Telecom & internet
Filings held431
Last activity18 Aug 2022
On the record3,502 days
Secured debtSubscribers
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 Columbia17 orders, Dec 2016 – Sep 20192 cases on record
Justice WalkerSupreme Court of British Columbia3 orders, Dec 2021 – Aug 202231 cases on record
Justice BowdenSupreme Court of British Columbia3 orders, Apr 2017 – Aug 20175 cases on record
Justice MacintoshSupreme Court of British Columbia2 orders, Jul 20177 cases on record

Counsel of record

PartyCounselFirst seenSource
MonitorEYMiller Thomson LLP
Previously McCarthy Tétrault LLP (last seen 11 Aug 2017)
3 Mar 2017Service list · 8 Jan 2018
Debtor8640025 Canada Inc and Teliphone Data Centers IncLunny Atmore LLP · Farris, Vaughan, Wills & Murphy LLP (now Farris LLP)10 Feb 2017Affidavit · 18 May 2017
PurchaserLawson Lundell LLP9 Aug 2017Application · 9 Aug 2017
CreditorBankCassels Brock & Blackwell LLP19 Dec 2017Application · 19 Dec 2017
CreditorBank of Nova ScotiaCassels Brock & Blackwell LLP
Previously DLA Piper (Canada) LLP (last seen 10 Feb 2017)
10 Feb 2017Service list · 3 Mar 2017
CreditorBell Canada, Northwestel Inc., Bell Mobility Inc., Bell Aliant RegionalBorden Ladner Gervais LLP21 Dec 2017Application · 21 Dec 2017
CreditorBell Canada, Northwestel Inc., Bell Mobility Inc., Bell Aliant Regional Communications IncBorden Ladner Gervais LLP · Miller Thomson LLP · McCarthy Tétrault LLP10 Feb 2017Application · 19 Dec 2017
CreditorBond Capital Fund V Limited PartnershipCassels Brock & Blackwell LLP · Munro & Crawford16 Feb 2017Service list · 3 Mar 2017
CreditorBond Capital Fund V Limited Partnership Kornfeld LLPMunro & Crawford19 Dec 2016Application · 19 Dec 2016
CreditorCascade Divide EnterprisesKornfeld LLP20 Jan 2017Order · 10 Feb 2017
CreditorCascade Divide Enterprises, IncKornfeld LLP21 Dec 2016Application · 21 Dec 2016
CreditorCity of TerraceLunny Atmore LLP2 May 2018Application · 2 May 2018
CreditorGP LLCRichards Buell Sutton LLP10 Feb 2017Order · 10 Feb 2017
CreditorGreat-West Life Assurance Company and London Life Insurance CompanyParlee McLaws LLP19 Dec 2016Order · 10 Feb 2017
CreditorNavigata Communications LimitedLawson Lundell LLP14 May 2018Application · 14 May 2018
CreditorRevenue and TaxationParlee McLaws LLP27 Jun 2017Service list · 27 Jun 2017
CreditorSBA Canada ULCCassels Brock & Blackwell LLP · McMillan LLP
Previously Kornfeld LLP (last seen 20 Jan 2017)
20 Jan 2017Application · 28 Jun 2017
CreditorTel, Teliphone Navigata-Westen IncLunny Atmore LLP24 Jul 2017Application · 24 Jul 2017
CreditorTeliasonera International Carrier, IncDentons Canada LLP2 Jan 2017Factum · 2 Jan 2017
CreditorTELUS Communications CompanyDentons Canada LLP10 Feb 2017Order · 10 Feb 2017
CreditorTELUS Contmunications ContpanyDentons Canada LLP24 Jul 2017Application · 24 Jul 2017
CreditorTNW Networks CorpLawson Lundell LLP · Dentons Canada LLP11 Aug 2017Application · 16 Oct 2017
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#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
4Secured
4Secured
4Secured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured

44 more claims in 2 classes The stack holds Secured and Unsecured claims.

Every creditor and every amount, drawn to scale.

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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 saleSubscribersNot completedThe purpose of this eighth report of the…
Distributelthe transaction contemplated in the Distributel APA · asset saleSubscribersProposedThe 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 2017SubscribersCloseddate 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: a distribution. Bell Canada short.EstimatedSecond Supplement to the 19th Report of the Monitor · 14 Dec 2021

ClassCreditorClaimsRecoveryBasisSource
Court chargesNetwork Providers' Charge—Estimatedper the monitorSecond Supplement to the 19th Report of the Monitor · 14 Dec 2021
Secured—listedshortfallEstimatedMotion Book · 14 Jul 2017
SecuredBell CanadaprovenshortfallEstimatedper 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.

4 blurred figures above

The claims and what each class or creditor recovers — each as the filing states it, with its source.

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Fees and ratesAs stated in the filings

17 engagements · 5 firms — latest: Ernst & Young Inc., 21 Dec 2016 – 2 Jun 2017, in feesSupplement to the 19th Report of the Monitor · 27 Oct 2021

FirmPeriodHoursFeesRatesSource
Ernst & Young Inc.Monitorperiod 11 of 1121 Dec 2016 – 2 Jun 2017courtesy discount14 peopleSupplement to the 19th Report of the Monitor · 27 Oct 2021
14 people — Ernst & Young Inc., 21 Dec 2016 – 2 Jun 2017 · 29 blurred figures
NameTitleHoursRateFees
Kevin BrennanSenior Vice President—
Brendan GallagherSenior Vice President—
Michelle GrantSenior Vice President—
Brent CheungSenior Vice President—
Michael BellVice President—
Mark QuinlanManager—
Oleksandr UshchapovskyiManager—
Hamid KholafaeiSenior—
Matt AustinSenior—
Riyandi TanSenior—
Esther WongParaprofessional—
Marcos SouzaParaprofessional—
Robert FergusonParaprofessional—
GTHAdmin—
————
Ernst & Young Inc.Monitorperiod 9 of 111 Apr – 28 Apr 20178 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
8 people — Ernst & Young Inc., 1 Apr – 28 Apr 2017 · 24 blurred figures
NameTitleHoursRateFees
Kevin BrennanPartner
Michelle GrantPartner
Michael BellVice President
Mark QuinlanManager
Riyandi TanSenior
Esther WongParaprofessional
Marcos SouzaParaprofessional
Robert FergusonParaprofessional
Ernst & Young Inc.Monitorperiod 8 of 114 Mar – 31 Mar 20177 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
7 people — Ernst & Young Inc., 4 Mar – 31 Mar 2017 · 21 blurred figures
NameTitleHoursRateFees
Kevin BrennanPartner
Michelle GrantPartner
Michael BellVice President
Mark QuinlanManager
Riyandi TanSenior
Esther WongParaprofessional
Marcos SouzaParaprofessional
Ernst & Young Inc.Monitorperiod 7 of 1118 Feb – 3 Mar 20176 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
6 people — Ernst & Young Inc., 18 Feb – 3 Mar 2017 · 18 blurred figures
NameTitleHoursRateFees
Kevin BrennanPartner
Michelle GrantPartner
Michael BellVice President
Mark QuinlanManager
Riyandi TanSenior
Marcos SouzaParaprofessional
Ernst & Young Inc.Monitorperiod 6 of 1114 Jan – 17 Feb 20178 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
8 people — Ernst & Young Inc., 14 Jan – 17 Feb 2017 · 24 blurred figures
NameTitleHoursRateFees
Kevin BrennanPartner
Michelle GrantPartner
Michael BellVice President
Mark QuinlanManager
Oleksandr UshchapovskyiManager
Riyandi TanSenior
Esther WongParaprofessional
Marcos SouzaParaprofessional
Ernst & Young Inc.Monitorperiod 5 of 117 Jan – 13 Jan 2017courtesy discount7 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
7 people — Ernst & Young Inc., 7 Jan – 13 Jan 2017 · 21 blurred figures
NameTitleHoursRateFees
Michelle GrantPartner
Brent CheungExecutive Director
Michael BellVice President
Mark QuinlanManager
Riyandi TanSenior
Esther WongParaprofessional
Marcos SouzaParaprofessional
Ernst & Young Inc.Monitorperiod 4 of 112 Jan – 6 Jan 2017courtesy discount7 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
7 people — Ernst & Young Inc., 2 Jan – 6 Jan 2017 · 21 blurred figures
NameTitleHoursRateFees
Michelle GrantPartner
Brent CheungExecutive Director
Michael BellVice President
Mark QuinlanManager
Oleksandr UshchapovskyiManager
Riyandi TanSenior
Marcos SouzaParaprofessional
Ernst & Young Inc.Monitorperiod 3 of 1121 Dec – 30 Dec 2016courtesy discount3 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
3 people — Ernst & Young Inc., 21 Dec – 30 Dec 2016 · 9 blurred figures
NameTitleHoursRateFees
Michelle GrantPartner
Michael BellVice President
Mark QuinlanManager
Ernst & Young Inc.Monitorperiod 3 of 11from 3 Jun 2017—courtesy discount11 peopleSupplement to the 19th Report of the Monitor · 27 Oct 2021
11 people — Ernst & Young Inc., from 3 Jun 2017 · 22 blurred figures
NameTitleHoursRateFees
Kevin BrennanSenior Vice President—
Michelle GrantSenior Vice President—
Michael BellSenior Vice President *—
Michael BellVice President—
Riyandi TanManager *—
ShaneMacLaughlanManager—
Riyandi TanSenior—
Esther WongParaprofessional—
Isabelle GevryParaprofessional—
Marcos SouzaParaprofessional—
Sophie Reid-TriantafyllosParaprofessional—
Ernst & Young Inc.Monitorperiod 2 of 11SISP—not statedThe purpose of this eighth report of the Monitor (the “Eighth Report”)… · 7 Jul 2017
Ernst & Young Inc.Monitorperiod 2 of 11—5 peopleV - Fees EY Monitor Invoices · 7 Jul 2017
5 people — Ernst & Young Inc. · 15 blurred figures
NameTitleHoursRateFees
Brendan GallagherPartner
Brent CheungExecutive Director
Hamid KholafaeiSenior
Matt AustinSenior
GTHGlobal
LangloisCounsel3 Apr – 25 May 2017—10 peopleZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
10 people — Langlois, 3 Apr – 25 May 2017 · 21 blurred figures
NameTitleHoursRateFees
Gerry ApostolatosPartner—
Lucien GodboutPartner—
Félix BernardLawyer—
Simon ChénardLawyer—
Shane GoldmanLawyer—
Vincent PlanteLawyer—
Catherine VaillancourtParalegal—
Danielle PichéParalegal—
Dominike CourteauParalegal—
Émilie LeblancArticling Student—
————
MLT Aikins LLPCounselperiod 2 of 228 Mar – 26 May 2017—12 peopleZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
12 people — MLT Aikins LLP, 28 Mar – 26 May 2017 · 24 blurred figures
NameTitleHoursRateFees
Doug L. OsbornPartner—
Jonathan O'ConnorPartner—
Sarvi J. VeylanAssociate—
Dana M. NowakAssociate—
Janelle M. WilsonAssociate—
Erin S. EcclestonAssociate—
Derek DeaconAssociate—
Kathleen J. UngosParalegal—
Valerie OmastaParalegal—
Justin WoodArticling Student—
Darlene DoughertyParalegal—
Janice NairParalegal—
MLT Aikins LLPCounselperiod 1 of 2—not statedZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
McCarthy Tétrault LLPCounsel to the monitorperiod 2 of 21 Dec 2016 – 31 May 201710 peopleY - Fees McCarthy Invoices · 7 Jul 2017
10 people — McCarthy Tétrault LLP, 1 Dec 2016 – 31 May 2017 · 21 blurred figures
NameTitleHoursRateFees
Sean CollinsPartner—
David FrostPartner—
Warren B MilmanPartner—
Christopher McHardyPartner—
Bosa KosoricAssociate—
Sandra BeltonParalegal—
Robyn GiffordAssociate—
Bonnie CampbellParalegal—
Andrew ButlerSummer Student—
Kevan HanowskiArticling Student—
————
McCarthy Tétrault LLPCounsel to the monitorperiod 1 of 221 Dec 2016 – 30 May 2017not statedThe purpose of this eighth report of the Monitor (the “Eighth Report”)… · 7 Jul 2017
Pallett ValoCounsel3 Apr – 25 May 2017—3 peopleZ - Fees MLT Aikins and Agent Counsels Invoices · 7 Jul 2017
3 people — Pallett Valo, 3 Apr – 25 May 2017 · 7 blurred figures
NameTitleHoursRateFees
Alex IlchenkoSenior Counsel—
Joe ContePartner—
Kathleen FlynnLaw Clerk—
————

320 blurred figures above

What each firm billed, and each person’s hours and rate — each as the filing states it, with its source.

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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

As at

1 more reported figure

Each one as the filing states it, with its source.

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Documents
431 filings
DateDocumentFile
Order of Mr. Walker Dated August 18, 2022
  • Presiding officer Justice Walker
PDF · Subscribers
Order of Justice Myers dated April 15, 2022
  • Presiding officer Justice Myers
PDF · Subscribers
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 · Subscribers
Order of Justice Walker made on December 17, 2021
  • Presiding officer Justice Walker
PDF · Subscribers
Second Supplement to the 19th Report of the Monitor dated December 14, 2021
  • Cash on hand · Disbursements · Financial position · Professional fees Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Supplement to the 19th Report of the Monitor dated October 27, 2021
  • Cash on hand · Disbursements · Fee schedule · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Rescheduled for September 1, 2021, at 9:00 AMPDF · Subscribers
Notice of Application of the Monitor, filed Aug 13, 2021PDF · Subscribers
Nineteenth Report of the Monitor dated Aug 9 (filed Aug 13 2021) - Part 1
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Nineteenth Report of the Monitor dated Aug 9 (filed Aug 13 2021) - Part 2
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
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 · Subscribers
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 · Subscribers
Reply of Teliphone CorpPDF · Subscribers
Application Response of HMQCPDF · Subscribers
Application Response of TELUSPDF · Subscribers
Affidavit 1 of Phoebe Fasihi, sworn onPDF · Subscribers
Affidavit 2 of A. Mileta, sworn on 08 Aug 2019PDF · Subscribers
Affidavit 4 of L. Trevor-Deutsch, sworn on 08 Aug 2019PDF · Subscribers
Appendix A - Redacted Form LetterPDF · Subscribers
Appendix B - Claims Process Order
  • Presiding officer Justice Affleck
PDF · Subscribers
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
  • Presiding officer Justice Affleck
  • 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
  • + 1 more extracted fact
PDF · Subscribers
Application Response (Cascade)(NOA replace monitor)PDF · Subscribers
Application Response of EYIPDF · Subscribers
Application Response of Navigata Communications Ltd
  • Counsel Lawson Lundell LLP
PDF · Subscribers
Notice of Application (repl. of Monitor - Aug 14 and 15, 2019) filed onPDF · Subscribers
Notice of Hearing of Appeal, filed onPDF · Subscribers
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 · Subscribers
Notice of Application filedPDF · Subscribers
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 · Subscribers
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 · Subscribers
RequisitionPDF · Subscribers
Order Made After Application, entered on
  • Presiding officer Justice Affleck
PDF · Subscribers
Notice of Application of Navigata Comm. returnablePDF · Subscribers
Requisition resetting TNW application from Aug 27 - 30 toPDF · Subscribers
Affidavit 8 of D. Wallace, sworn on 24 Aug 2018PDF · Subscribers
Notice of Application by Monitor
  • Counsel Miller Thomson LLP
PDF · Subscribers
Requisition of TNW et al re hearingPDF · Subscribers
Application Response of Navigata Comm. LtdPDF · Subscribers
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 · Subscribers
Affidavit 4 of Amanda Simister, sworn on 07 Aug 2018PDF · Subscribers
Order of Justice Sewell made June 13, 2018 (Filed) re injunction application, settled 07 Aug 2018
  • Presiding officer Justice Sewell
PDF · Subscribers
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 · Subscribers
Affidavit 6 of Deanna Wallace, sworn onPDF · Subscribers
Affidavit 41 of Sandeep Panesar, sworn on 03 Jun 2018PDF · Subscribers
Affidavit 40 of Sandeep Panesar, sworn on 01 Jun 2018PDF · Subscribers
AR of the Claiming Parties to Navigata's NOAPDF · Subscribers
Affidavit 7 of N. Walnicki, sworn on 16 May 2018PDF · Subscribers
Application Response of Teliphone CorpPDF · Subscribers
Application Response of Navigata Communications to TNW
  • Counsel Lawson Lundell LLP
PDF · Subscribers
Application Response of the Monitor to TNW
  • Recovery outcome Entries: per estimated · Table missing:
PDF · Subscribers
Application Response of the Monitor to Teliphone Corp
  • Recovery outcome Entries: per estimated · Table missing:
PDF · Subscribers
Bell's Response to TNW NOAPDF · Subscribers
Bell's Response to TNW NOA, (1)PDF · Subscribers
Application Response of Monitor to NavigataPDF · Subscribers
Affidavit 3 of Amanda Simister, sworn on 08 May 2018PDF · Subscribers
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 · Subscribers
NOA Notice of Application of Various Parties filed
  • Counsel Lunny Atmore LLP
  • Recovery outcome Entries: per estimated · Table missing:
PDF · Subscribers
Notice of Application (Teliphone Corp)
  • Counsel Richards Buell Sutton LLP
PDF · Subscribers
Written Submissions (Teliphone Corp.)PDF · Subscribers
Affidavit 7 of Shera Haji, sworn on 19 Apr 2018PDF · Subscribers
Application Response to Amended NOA of TNW ,datedPDF · Subscribers
Order Made After Application on
  • Presiding officer Justice Affleck
PDF · Subscribers
Affidavit 39 of Sandeep Panesar, sworn on 18 Apr 2018PDF · Subscribers
Affidavit 4 of Deanna Wallace, sworn onPDF · Subscribers
Affidavit 5 of Shera Haji, sworn on 08 Feb 2018PDF · Subscribers
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 · Subscribers
TNW’s Application ResponsePDF · Subscribers
Monitor’s Notice of ApplicationPDF · Subscribers
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 · Subscribers
Appellants' Reply FactumPDF · Subscribers
Monitor’s FactumPDF · Subscribers
Respondent’s Factum (Navigata Communications Limited)PDF · Subscribers
Appellants’ Certificate of Readiness (TNW Networks Corp.), filedPDF · Subscribers
Appellants’ Certificate of Readiness, filedPDF · Subscribers
Notice of Hearing of AppealPDF · Subscribers
Notice of Hearing of the Appeal on Jan. 30, 2018PDF · Subscribers
Appellants' Factum, FiledPDF · Subscribers
TNW Appellants' Factum, filedPDF · Subscribers
Second Option NoticePDF · Subscribers
Service List as
  • Counsel Cassels, Brock & Blackwell LLP
PDF · Subscribers
Affidavit 1 of Gerald Vanderpost, sworn on 02 Jan 2018PDF · Subscribers
Reply Book to Leave tto AppealPDF · Subscribers
Notice of Appearance on behalf of BondPDF · Subscribers
Affidavit 1 of Deanna Wallace, sworn onPDF · Subscribers
Amended Notice of Appearance of Navigata Comm LtdPDF · Subscribers
Motion Book of the AppellantsPDF · Subscribers
Notice of Appearance (Cascade Divide)PDF · Subscribers
Notice of Appearance of TELUS Communications IncPDF · Subscribers
Notice of Motion for Leave to Appeal - Stay
  • Counsel Cassels, Brock & Blackwell LLP
PDF · Subscribers
Notice of Motion of the MonitorPDF · Subscribers
Notice of Appearance on behalf of the Monitor, filedPDF · Subscribers
Monitor's Certificate
  • Closing confirmed Closed · 19 Dec 2017 · Navigata Communications Limited (formerly 1027637 Canada Inc.)
PDF · Subscribers
Notice of Appearance filed on behalf of Navigata Comm 2009, IncPDF · Subscribers
Notice of Application for Leave to Appeal
  • Counsel Miller Thomson LLP
PDF · Subscribers
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 · Subscribers
Affidavit 35 of Sandeep Panesar, sworn on 11 Dec 2017PDF · Subscribers
Amended Application Re of TNW to the Monitor's NOA filed Nov 29, 2017PDF · Subscribers
Affidavit 33 of Sandeep Panesar sworn on 08 Dec 2017PDF · Subscribers
Affidavit 34 of Sandeep Panesar, sworn on 08 Dec 2017PDF · Subscribers
Affidavit 5 of Shera Haji, sworn on 05 Dec 2017PDF · Subscribers
Application Response of TNW to the Monitor's NOA filed Nov 29, 2017PDF · Subscribers
Affidavit 3 of Norine Nobuto, sworn on 01 Dec 2017PDF · Subscribers
Appendix A_Option Notice delivered by the PurchaserPDF · Subscribers
Appendix B_2012 Employee Contract Transfer AgreementPDF · Subscribers
Appendix C_2012 Human Resources Services AgreementPDF · Subscribers
Appendix D_4237561 Canada Inc Certificate of AppointmentPDF · Subscribers
Appendix L_ITTC Notice to UniforPDF · Subscribers
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.
  • Stalking horse Subscribers
PDF · Subscribers
Affidavit 31 of Sandeep Panesar, sworn on 22 Nov 2017PDF · Subscribers
Appendix D_Final Revised Distributel APA_RedactedPDF · Subscribers
Affidavit 30 of Sandeep Panesar, sworn on 21 Nov 2017PDF · Subscribers
Appendix H_ITTC Letter to J CotePDF · Subscribers
Appendix I_Layoff Letter from ITTCPDF · Subscribers
Appendix J_JAMA Letter to MonitorPDF · Subscribers
Appendix K_JAAM Letter to MonitorPDF · Subscribers
Appendix G_Sodagar Letter to MillerPDF · Subscribers
Requisition to reschedule TNW's NOA (filed Oct. 17, 2017)PDF · Subscribers
Appendix F_Miller Thomson Letter to SodagarPDF · Subscribers
TWW's Amended Notice of ApplicationPDF · Subscribers
Appendix E_Sodagar Letter to MillerPDF · Subscribers
Affidavit 3 of Shera Haji, sworn on 19 Oct 2017PDF · Subscribers
Appendix B_Form of Disconnection NoticePDF · Subscribers
Appendix C_Correspence with CRTC re NoticePDF · Subscribers
Appendix E_Transition Services AgreementPDF · Subscribers
Appendix G_Notice to Acquired CustomersPDF · Subscribers
Appendix H_Notice to Disputed CustomersPDF · Subscribers
Appendix I_Correspondence with CRTC re. SalePDF · Subscribers
Appendix J_List provided by Mr. PanesarPDF · Subscribers
Appendix K_October 4 Letter re Proof of ClaimPDF · Subscribers
Appendix L_October 16 Letter re Proof of ClaimPDF · Subscribers
Appendix M_List of Assets to ReleasePDF · Subscribers
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 · Subscribers
Notice of Application of TNW, return of assets
  • Counsel Dentons Canada LLP
PDF · Subscribers
Affidavit #8 of Benoit Laliberte, sworn on 02 Oct 2017PDF · Subscribers
Requisition (reset hearing to Oct 10-17)PDF · Subscribers
Amended Monitor’s Certificate
  • Closing confirmed Closed · date not stated · 10276375 Canada Inc.
PDF · Subscribers
Affidavit 29 of S. Panesar, sworn on 27 Sept 2017PDF · Subscribers
Affidavit 3 of L. Trevor Deutsch, sworn on 27 Sep 2017PDF · Subscribers
Monitor Certificate, dated Sept 28,Trustee site
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 · Subscribers
Affidavit 1 of Glen Gregory, sworn onPDF · Subscribers
Affidavit 28 of Sandeep Panesar, sworn on 14 Sep 2017PDF · Subscribers
Affidavit 6 of Benoit Laliberte, sworn on 14 Sep 2017PDF · Subscribers
Affidavit 7 of Benoit Laliberte, sworn on 14 Sep 2017PDF · Subscribers
Affidavit 27 of Sandeep Panesar, sworn on 13 Sept 2017PDF · Subscribers
Affidavit 3 N. Walnicki, sworn on 13 Sep 2017PDF · Subscribers
Order of Mr. Justice Affleck made relating to: Sealing of the Draft Amended and Restated Asset Purchase AgreementPDF · Subscribers
Affidavit 2 of Shera Haji, sworn 12 Sep 2017PDF · Subscribers
Affidavit 1 of Amanda Simister, sworn 11 Sep 2017PDF · Subscribers
Affidavit 1 of Europe Mourani sworn 11 Sep 2017PDF · Subscribers
Affidavit 1 of Maxime Brazeau sworn 11 Sept 2017PDF · Subscribers
Affidavit 26 of Sandeep Panesar, sworn on 11 Sep 2017PDF · Subscribers
Affidavit 5 of Benoit Laliberte, sworn on 11 Sep 2017PDF · Subscribers
Application Response of TNW to Mr. Clark's NOAPDF · Subscribers
Application Response of Teliphone Corp to NOA of MonitorPDF · Subscribers
Affidavit 7 of Avic Arenas, sworn on 07 Sep 2017PDF · Subscribers
Application Response of BCE Group to NOA of Teliphone CorpPDF · Subscribers
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 · Subscribers
Affidavit 25 of Sandeep Panesar, sworn on 01 Sep 2017PDF · Subscribers
Application Record of the Respondent MonitorPDF · Subscribers
Book of Authorities of TELUSPDF · Subscribers
Notice of Change of LawyerPDF · Subscribers
Requisition (re-setting application hearing)PDF · Subscribers
Affidavit 4 of Benoit Laliberte, sworn on 31 Aug 2017PDF · Subscribers
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 · Subscribers
Application Response of Telus to NOA of TeliphonePDF · Subscribers
Affidavit 24 of Sandeep Panesar sworn 29 Aug 2017PDF · Subscribers
A - Enhanced Monitor Powers Order
  • Order date 6 April 2017
  • Presiding officer Justice Bowden
  • Stalking horse Subscribers
PDF · Subscribers
Affidavit 22 of Sandeep Panesar sworn 28 Aug 2017PDF · Subscribers
Affidavit 23 of Sandeep Panesar sworn 28 Aug 2017PDF · Subscribers
Application Response of Telus to NOA of Teliphone CorpPDF · Subscribers
D - First Report of Boale WoodPDF · Subscribers
E - Organizational Chart for the TNW GroupPDF · Subscribers
H - Teliphone Corp 2013 10-KPDF · Subscribers
I - Redacted Form LetterPDF · Subscribers
J - Press release from Teliphone CorpPDF · Subscribers
L - Searches of Autonomous System NumbersPDF · Subscribers
M - Internet Domain RegistrationsPDF · Subscribers
N - Shareholder RegistryPDF · Subscribers
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 · Subscribers
P - Industry Canada Payment RequestPDF · Subscribers
Q - Redacted Distributel APAPDF · Subscribers
S - Summary of Teliphone AgreementsPDF · Subscribers
T - ITTC and TNW Staffing AgreemeentPDF · Subscribers
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 · Subscribers
Affidavit 2 of Lawry Trevor-Deutsch sworn (filed) 25 Aug 2017PDF · Subscribers
Affidavit 2 of Lawry Trevor-Deutsch sworn 25 Aug 2017PDF · Subscribers
Affidavit 21 of S. Panesar sworn 25 Aug 2017PDF · Subscribers
Notice of Application of Teliphone Corp
  • Counsel Dentons Canada LLP
PDF · Subscribers
Notice of Application of the MonitorPDF · Subscribers
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 · Subscribers
C - Letter from legal counsel to the MonitorPDF · Subscribers
Appendix A_Court of Appeal Judgement
  • Presiding officer Justice Goepel
PDF · Subscribers
K - Memorandum to CounselPDF · Subscribers
Service List as of
  • Counsel Cassels, Brock & Blackwell LLP
PDF · Subscribers
Certificate of ReadinessPDF · Subscribers
Notice of Hearing of Appeal for August 14PDF · Subscribers
Affidavit 19 of Sandeep Panesar, sworn 09 Aug 2017PDF · Subscribers
Affidavit 20 of Sandeep Panesar, sworn 09 Aug 2017PDF · Subscribers
Factum of the Respondent Cascade Divide Ent., (File No. CA44619)PDF · Subscribers
Factum of the Respondent Cascade Divide Ent., (File No. CA44620)PDF · Subscribers
Notice of Application of TELUS, returnable
  • Counsel Lawson Lundell LLP
PDF · Subscribers
Order of Mr. Justice Affleck Critical Supplier Order extension until September 15, 2017
  • Presiding officer Justice Affleck
PDF · Subscribers
TELUS’ Written Submissions Opposing the Appl. to Ext. Termination DatePDF · Subscribers
Affidavit 6 of A. Arenas, sworn 08 Aug 2017PDF · Subscribers
Book of Authorities of the Respondent MonitorPDF · Subscribers
Factum of the Respondent, The Bank of Nova Scotia, filed File No. CA44619PDF · Subscribers
Factum of the Respondent, The Bank of Nova Scotia, filed File No. CA44620PDF · Subscribers
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 · Subscribers
Factum of the Respondent Monitor, Ernst & Young Inc. in BCCA File No. CA44619PDF · Subscribers
Factum of the Respondent Monitor, Ernst & Young Inc. in BCCA File No. CA44620PDF · Subscribers
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 · Subscribers
Appendix A - Seventh Report Forecast Forecast through toPDF · Subscribers
Notice of Appearance of 8640025 and Teliphone, (Action No. CA44619)PDF · Subscribers
Notice of Appearance of 8640025 and Teliphone, (Action No. CA44620)PDF · Subscribers
Notice of Appearance of Cascade Divide, (Action No. CA44619)PDF · Subscribers
Notice of Appearance of Cascade Divide, (Action No. CA44620)PDF · Subscribers
Notice of Appearance of The Bank of Nova Scotia, Filed (Action No. CA44620)PDF · Subscribers
Notice of Appearance for Bell and Northwestel Inc., (Action No. CA44619)PDF · Subscribers
Notice of Appearance for Ernst & Young Inc. Monitor, (Action No. CA44620)PDF · Subscribers
Notice of Appearance of TELUS Communications Company (Action No. CA44619)PDF · Subscribers
Notice of Appearance of TELUS Communications Company (Action No. CA44620)PDF · Subscribers
Notice of Appearance of The Bank of Nova Scotia, filedPDF · Subscribers
Affidavit 1 of Avic Arenas, sworn 24 Jul 2017PDF · Subscribers
Book of Authorities of the Monitor, FiledPDF · Subscribers
Index to Reply Book for Leave to Appeal and Stay of Proceedings, FiledPDF · Subscribers
Notice of AppearancePDF · Subscribers
Notice of Motion
  • Counsel Lunny Atmore LLP
PDF · Subscribers
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
  • Stalking horse Subscribers
PDF · Subscribers
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 · Subscribers
Order of Justice Macintosh relating to the Stay Extension to February 15, 2018 and DIP charge
  • Presiding officer Justice Macintosh
PDF · Subscribers
Affidavit 18 of Sandeep Panesar sworn 14 Jul 2017PDF · Subscribers
Court Revision Copy - Seventh Report Forecast through toPDF · Subscribers
Motion Book
  • Recovery outcome Entries: per estimated · Table missing:
PDF · Subscribers
Order of Justice Macintosh, Stay Extension until July 18, 2017
  • Presiding officer Justice Macintosh
PDF · Subscribers
Affidavit 17 Sandeep Panesar, sworn 13 Jul 2017PDF · Subscribers
Notice of Change or Appointment of LawyerPDF · Subscribers
Affidavit 3 of Davis Vaitkunas, sworn 11 Jul 2017PDF · Subscribers
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
  • Stalking horse Subscribers
PDF · Subscribers
Notice of Application of Sale Approval and Vesting OrderPDF · Subscribers
A - 8640025 Undertaking from CotePDF · Subscribers
C - Master Service Agreement TNW and 864PDF · Subscribers
E - Redacted APA with DistributelPDF · Subscribers
F - Form of Proposed Vesting OrderPDF · Subscribers
G - List of AcquisitionsPDF · Subscribers
H - Monitor's View of Assets Schedule
PDF · Subscribers
I - Land TitlesPDF · Subscribers
J - UAC Press ReleasePDF · Subscribers
K - TNW email re UACPDF · Subscribers
L - Laliberte Response re UAC Share ExchangePDF · Subscribers
M - iPCS Patent SummaryPDF · Subscribers
N - iFramed Patent SummaryPDF · Subscribers
O - Juximage Patent SummaryPDF · Subscribers
P - Maxalex Consulting AgreementPDF · Subscribers
Q - UIHC and Kolotek AgreementPDF · Subscribers
R - Laforest Purchase Orders and Confirmations
PDF · Subscribers
S - TNW GazmetroPlus InvoicesPDF · Subscribers
T - TNW and Kolotek AgreementPDF · Subscribers
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
  • 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 · proposed; United American Corp. · issued and outstanding shares of TNW Networks (the TNW Shares) · share sale · 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
  • Fee schedule Subscribers
  • + 1 more extracted fact
PDF · Subscribers
U - Investel Letter to McCarthy re Unauthorized AccessPDF · Subscribers
V - Fees EY Monitor Invoices
PDF · Subscribers
V - Investel LetterPDF · Subscribers
W - Solicitation Process Engagement LetterPDF · Subscribers
X - Fees EY SISP Invoices
PDF · Subscribers
Y - Fees McCarthy Invoices
PDF · Subscribers
Z - Fees MLT Aikins and Agent Counsels Invoices
PDF · Subscribers
Letter re: United American Corp. transactionPDF · Subscribers
U - Letter to Sandeep PanesarPDF · Subscribers
Amended Notice of ApplicationPDF · Subscribers
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
  • Counsel McMillan LLP
PDF · Subscribers
G - EY Letter to Additional CreditorsPDF · Subscribers
Notice of Intention to Act in PersonPDF · Subscribers
Proof of Claim Register as at 27 Jun 2017PDF · Subscribers
Q - Teliphone Corp Asset ReportPDF · Subscribers
S - Organizational ChartPDF · Subscribers
Service list as at
  • Counsel Cassels, Brock & Blackwell LLP
PDF · Subscribers
T - 2014 T2 Tax ReturnPDF · Subscribers
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 · Subscribers
V - Bond and Bell Security over Teliphone CorpPDF · Subscribers
Affidavit 2 of O. Tamba sworn 26 Jun 2017PDF · Subscribers
W - Claims Register as atPDF · Subscribers
Affidavit 1 of Lawry Trevor-Deustch, sworn 24 Jun 2017, Part 1 of 2PDF · Subscribers
Affidavit 1 of Lawry Trevor-Deustch, sworn 24 Jun 2017, Part 2 of 2PDF · Subscribers
B - Telus Default NoticePDF · Subscribers
M - Teliphone Corp. Proof of ClaimPDF · Subscribers
P - McCarthy Letter to LunnyPDF · Subscribers
Affidavit 1 of Benoit Laliberte, sworn 16 Jun 2017PDF · Subscribers
D - EY 2nd Letter to CRA re Payroll TrustPDF · Subscribers
F - EY Letter to CRA re InformationPDF · Subscribers
Service List
  • Counsel Kornfeld LLP
PDF · Subscribers
H - EY Letter to GooglePDF · Subscribers
O - Lunny Change of Counsel LetterPDF · Subscribers
Proof of Claim Register as at 12 June 2017PDF · Subscribers
J - Letter re Teliphone McCarthy ResponsePDF · Subscribers
K - Letter re Teliphone Cassels Brock ResponsePDF · Subscribers
L - Letter re Teliphone Corp BLG ResponsePDF · Subscribers
Application Record Index re SBA's Application re Leases ( hrg)PDF · Subscribers
I - Letter re Teliphone from AkermanPDF · Subscribers
Affidavit 2 of Ed Hachey, sworn 26 May 2017PDF · Subscribers
Application Response of The Bank of Nova ScotiaPDF · Subscribers
Application Response of Monitor and the Petitioners
  • Counsel McCarthy TétraultLLP
PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 1 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 2 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 3 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 4 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 5 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 6 of 9
  • Counsel Farris, Vaughan, Wills & Murphy LLP
PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 7 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 8 of 9PDF · Subscribers
Affidavit 16 of Sandeep Panesar sworn 18 May 2017, Part 9 of 9PDF · Subscribers
E - Information Letter from CRAPDF · Subscribers
C - EY 1st Letter to CRA re Payroll TrustPDF · Subscribers
Proof of Claim Register as at 27 Apr 2017PDF · Subscribers
Teliphone Canada Corporation Creditor ListPDF · Subscribers
N - Lunny Cease Involvement LetterPDF · Subscribers
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 · Subscribers
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 fulfilled
  • Presiding officer Justice Bowden
PDF · Subscribers
Affidavit 14 of S.Panesar sworn (unfiled) 05 Apr 2017PDF · Subscribers
Affidavit 15 of S.Panesar sworn 05 Apr 2017PDF · Subscribers
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
  • Presiding officer Justice Bowden
PDF · Subscribers
Affidavit 1 of B. Laliberte filed 03 Apr 2017PDF · Subscribers
Affidavit 2 of B. Laliberte (sworn ) (unfiled) 03 Apr 2017PDF · Subscribers
Proof of Claim Register as at 03 Apr 2017PDF · Subscribers
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 · Subscribers
Affidavit 1 of Ed Hachey, sworn 31 Mar 2017PDF · Subscribers
Notice of Application re lease paymentsPDF · Subscribers
Requisition (reset Petitioner app from Feb 8) () (00595106PDF · Subscribers
Proof of Claim Register as at 23 Mar 2017PDF · Subscribers
Affidavit 1 of O. Tamba sworn 22 Mar 2017PDF · Subscribers
Affidavit 13 of S. Panesar sworn 22 Mar 2017PDF · Subscribers
Notice of Application (extend stay of proceedings)(Unfiled) (00591443xC4EF4)PDF · Subscribers
Notice of Application of the Monitor-increase second adm charge-datedPDF · Subscribers
Requisition - Confirmation of Hearing onPDF · Subscribers
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 · Subscribers
Affidavit 1 of Susan Danielisz, sworn 16 Mar 2017PDF · Subscribers
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 · Subscribers
Affidavit 3 of Miriam Dominguez, sworn 13 Mar 2017PDF · Subscribers
Requisition – TELUS - reset contempt hearing toPDF · Subscribers
Affidavit 2 of Miriam Dominguez sworn 10 Mar 2017PDF · Subscribers
Notice of Application of Bell re sealing orderPDF · Subscribers
Affidavit 1 of Alan Mileta sworn 09 Mar 2017PDF · Subscribers
Application Record Cover and IndexPDF · Subscribers
Application ResponsePDF · Subscribers
Application Response of TELUS to Petitioners’ strike applicationPDF · Subscribers
Application Response of TELUS to app. for Receivership OrderPDF · Subscribers
Notice of Application re 8640025 Canada IncPDF · Subscribers
Requisition reset HearingPDF · Subscribers
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 · Subscribers
Affidavit 1 of Stan Thompson, sworn 08 Mar 2017PDF · Subscribers
Affidavit 1 of Stan Thompson, sworn 08 Mar 2017 (Exhibits - part 1)PDF · Subscribers
Affidavit 1 of Stan Thompson, sworn 08 Mar 2017 (Exhibits - part 2)PDF · Subscribers
Affidavit 1 of Domenica Maciocia sworn 07 Mar 2017PDF · Subscribers
Affidavit 1 of J Warta, sworn 07 Mar 2017PDF · Subscribers
Affidavit 2 of Davis Vaitkunas sworn 07 Mar 2017PDF · Subscribers
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
PDF · Subscribers
Notice of Change of Lawyer (Filed)PDF · Subscribers
Affidavit 1 of Miriam Dominguez, sworn 06 Mar 2017PDF · Subscribers
Affidavit 1 of Miriam Domínguez sworn 06 Mar 2017PDF · Subscribers
Affidavit 2 of Norine Nobuto sworn 06 Mar 2017PDF · Subscribers
Affidavit 9 of S. Panesar sworn 06 Mar 2017PDF · Subscribers
Notice of Application of TELUS returnablePDF · Subscribers
Affidavit #2 of Cheryl Conn, sworn - Part 1PDF · Subscribers
Affidavit #2 of Cheryl Conn, sworn - Part 2PDF · Subscribers
Notice of Application of Petitioners-strike contempt application-datedPDF · Subscribers
Service List - updated
  • Counsel Cassels, Brock & Blackwell LLP
PDF · Subscribers
Response to Application of Petitioners re TELUS’PDF · Subscribers
Affidavit 5 of Avic Arenas sworn on 28 Feb 2017PDF · Subscribers
Solicitation PlanPDF · Subscribers
Affidavit 1 of Norine Nobuto, sworn on 21 Feb 2017PDF · Subscribers
Affidavit 4 of Avic Arenas, sworn 21 Feb 2017PDF · Subscribers
Affidavit 4 of Gary Budd, sworn on 21 Feb 2017PDF · Subscribers
Affidavit 8 of Sandeep Panesar sworn 20 Feb 2017PDF · Subscribers
Notice of Application of TELUS (cross exam) filed
  • Counsel Richards Buell Sutton LLP
PDF · Subscribers
Instruction LetterPDF · Subscribers
Notice of Dispute FormPDF · Subscribers
Order of Mr. Justice Affleck (amendments to ARIO)
  • Counsel Kornfeld LLP
  • Presiding officer Justice Affleck
PDF · Subscribers
Proof of ClaimPDF · Subscribers
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
PDF · Subscribers
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 · Subscribers
Affidavit 7 of Sandeep Panesar sworn 03 Feb 2017, Part 2, (Ex. M - W)PDF · Subscribers
Affidavit 7 of Sandeep Panesar, sworn 03 Feb 2017, Part 1 (Ex. A - L)PDF · Subscribers
Notice of Application of Petitioners (Filed)PDF · Subscribers
Claims Process Order Unentered pronounced
  • Presiding officer Justice Affleck
PDF · Subscribers
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 · Subscribers
Affidavit 6 of Sandeep Panesar sworn 25 jan 2017PDF · Subscribers
Amended App Record IndexPDF · Subscribers
Amended Notice of Application of BNS (Unfiled)
  • Counsel Inc. Kornfeld LLP
PDF · Subscribers
B-L Notice of Application (2 v 3)PDF · Subscribers
Notice of Application of BNS et al (returnable ) (unfiled)
  • Counsel Inc. Kornfeld LLP
PDF · Subscribers
Notice of Application returnable
  • Counsel Kornfeld LLP
PDF · Subscribers
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 · Subscribers
Affidavit 5 of S. Panesar (unfiled) dated 19 Jan 2017PDF · Subscribers
Notice of Application (Unfiled)PDF · Subscribers
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 · Subscribers
Affidavit #1 of Tracy Dundass sworn on 17 Jan 2017PDF · Subscribers
Affidavit 1 of John McEown sworn on 17 Jan 2017PDF · Subscribers
Notice of ApplicationPDF · Subscribers
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 · Subscribers
Consent Order re slip rule amendmentPDF · Subscribers
G - Lawry Trevor-Deutsch CommentsPDF · Subscribers
Appellants' Reply Memorandum
  • Counsel Dentons Canada LLP
PDF · Subscribers
Notice to CreditorsPDF · Subscribers
Affidavit 1 of Davis Vaitkunas swornPDF · Subscribers
Application Response of TELUS filedPDF · Subscribers
Notice of Application of the Bank of Nova Scotia filed
  • Counsel Inc. Kornfeld LLP
PDF · Subscribers
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
  • Presiding officer Justice Affleck
PDF · Subscribers
Affidavit #1 of Karen Swierstra swornPDF · Subscribers
Affidavit #2 of Avic Arenas sworn (filed)PDF · Subscribers
Affidavit #2 of Gary Budd sworn (unfiled)PDF · Subscribers
Affidavit #4 of Sandeep Panesar sworn (filed)PDF · Subscribers
Notice of Application of the Petitioners filedPDF · Subscribers
Affidavit #1 of Cheryl Conn swornPDF · Subscribers
Notice of Application of TELUS filed
  • Counsel Cascade Divide Enterprises Parlee McLaws LLP
PDF · Subscribers
Affidavit #1 of Avic Arenas swornPDF · Subscribers
8640025 Canada Inc. Creditor List
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Notice of Change of Lawyer for TELUS filed by Dentons onPDF · Subscribers
Teliphone Data Centers Inc. Creditor ListPDF · Subscribers
Amended and Restated Initial Order entered 05 Dec 2016
  • Presiding officer Justice Affleck
PDF · Subscribers
Affidavit #1 of D. Hamann-Trou sworn and filed onPDF · Subscribers
Affidavit #1 of Nadia Walnicki sworn and filedPDF · Subscribers
Affidavit #2 of Sandeep Panesar sworn Nov. 29, 2016 (filed )PDF · Subscribers
Affidavit #3 of Sandeep Panesar made Nov. 29, 2016 (filed )PDF · Subscribers
Response to Petition of TELUS filedPDF · Subscribers
Affidavit #1 of Gary Budd swornPDF · Subscribers
Affidavit #1 of Lori Viner sworn (filed)PDF · Subscribers
Requisition scheduling hearing of CCAA application filedPDF · Subscribers
Petition filed by 8640025 Canada Inc. and Teliphone Data Centres Inc. onPDF · Subscribers
Affidavit #1 of Sandeep Panesar sworn (filed)PDF · Subscribers
F - Lawry Trevor-Deutsch EPDF · Subscribers
U - TNW Networks Assignment Form LetterPDF · Subscribers
R - Audited FinancialsPDF · Subscribers

Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.

CiteProceedings., “8640025 Canada Inc and Teliphone Data Centers Inc” (CCAA), Supreme Court of British Columbia. Retrieved 4 November 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.