Artic Machinery Ltd has been in Division I proposal proceedings in British Columbia since October 10, 2025, with Crowe MacKay & Company Ltd. as trustee under estate number 11-3284348. The list of creditors with claims of $250 or more attached to the company's notice of intention records employee claims of $78,068.06 in DPSP withholdings, $47,377.05 in vacation pay payable and $28,727.61 in RRSP withholdings. Trade claims include $53,067.48 owed to Cummins Canada ULC, $39,023.21 to Daequip Premium Attachments Ltd., $26,094.40 to Spotless Uniform Ltd. and $18,876.38 to Shearforce Equipment, a division of West Coast Machinery Inc. The Canada Revenue Agency, WorkSafeBC and the B.C. Ministry of Finance are also listed.
Crowe MacKay's fifth report, filed in support of the pending sanction application, put intercompany advances since the filing date at $1,536,249 and reported no material adverse cash flow variances beyond the MAC Report.
Source: Proposal Trustee's Fifth Report dated October 1, 2026
Application Response of the Proposal Trustee dated September 29, 2026 — Response / objection pleading
The officer filed a report. The Company has ceased selling XCMG Equipment but continues to sell parts and provide repair and maintenance services for XCMG Equipment. Its employees were transferred to a related company, Artic Rents Ltd., and the Company is now focused on pursuing its litigation claim against XCMG.
Source: Proposal Trustee's Report to Creditors dated April 17, 2026
Filing brief
Artic Machinery: the XCMG lawsuit proposal, amended after the vote
Five months after its creditors voted for a proposal that would pay them from a lawsuit against XCMG, the company amended it. Ten vehicles join the assets a related company would buy for the amount of the Crown's claims, and litigation costs paid by others would, once the trustee accepts them, be repaid ahead of affected creditors.
Debtor
Artic Machinery Ltd
Proposal trustee
Crowe MacKay
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Chan | Supreme Court of British Columbia | 2 orders, Dec 2025 – Mar 2026 | 4 cases on record |
| Justice Wilson | Supreme Court of British Columbia | 2 orders, Nov 2025 – Mar 2026 | 4 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Proposal trusteeCrowe MacKay | Fasken Martineau DuMoulin LLP | 20 Mar 2026 | Application · 20 Mar 2026 |
| DebtorArtic Machinery Ltd | McEwan Cooper Kirkpatrick LLP · Norton Rose Fulbright Canada LLP | 30 Oct 2025 | Application · 20 Mar 2026 |
| CreditorBusiness Development Bank of Canada | Kornfeld LLP | 20 Mar 2026 | Application · 20 Mar 2026 |
| CreditorXCMG America Financial LLC and XCMG Canada Ltd | Cassels Brock & Blackwell LLP | 20 Mar 2026 | Application · 20 Mar 2026 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 3 | Deemed trusts (CRA and other) | CRA - Tax - Pacific (Source deductions) · in 77 casesas of NOI filing date — Source deductions; quasi-governmental claim, deemed trust — debtor: Artic Machinery Ltd. | $250 | Creditor’s Package – Notice of Intention to Make a Proposal |
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 4 | Secured | |||
| 7 | Preferred (BIA s. 136) | |||
| 7 | Preferred (BIA s. 136) | |||
| 7 | Preferred (BIA s. 136) | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
51 more claims in 3 classes The stack holds Deemed trusts (CRA and other), Secured, Preferred (BIA s. 136) and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansUnsecured creditors: a distribution.Under the plan · vote pendingReport of Trustee on Proposal · 5 May 2026
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trust | — | — | paid in full | Under the planvote pendingper the proposal trustee | Proposal Trustee's Report to Creditors · 17 Apr 2026 |
| Secured | — | — | paid in full | Under the planvote pendingper the proposal trustee | Proposal Trustee's Report to Creditors · 17 Apr 2026 |
| Unsecured | Affected Creditors | — | of proven claimsvs. in a bankruptcyconditional | Under the planvote pendingper the proposal trustee | Report of Trustee on Proposal · 5 May 2026 |
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.
2 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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See all plansAs at ·
Cash on hand
$9.64K
As at 10 Apr 2026Proposal Trustee's Report to Creditors dated April 17, 2026
The total the debtor stated at filing
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
Proposal Trustee's Fifth Report dated October 1, 2026
| PDF · Subscribers | |
| Application Response of the Proposal Trustee dated September 29, 2026 | PDF · Subscribers | |
Second Further Amended Proposal dated September 29, 2026
| PDF · Subscribers | |
Requisition to re-set hearing dated September 18, 2026
| PDF · Subscribers | |
| Requisition to re-set hearing dated August 19, 2026 | PDF · Subscribers | |
| Requisition to re-set hearing dated July 23, 2026 | PDF · Subscribers | |
Material Adverse Change Report
| PDF · Subscribers | |
| Letter to Investors | PDF · Subscribers | |
| Requisition to re-set hearing dated June 2, 2026 | PDF · Subscribers | |
| Notice of Application dated May 5, 2026 | PDF · Subscribers | |
Report of Trustee on Proposal dated May 5, 2026
| PDF · Subscribers | |
| Further Amended Proposal dated April 29, 2026 | PDF · Subscribers | |
Creditor's Package on the Proposal
| PDF · Subscribers | |
Proposal Trustee's Report to Creditors dated April 17, 2026
| PDF · Subscribers | |
| Proposal dated April 17, 2026 | PDF · Subscribers | |
| Initial Proposal dated April 10, 2026 | PDF · Subscribers | |
Entered Order dated March 24, 2026
| PDF · Subscribers | |
| Affidavit #5 of Ryan Martin dated March 20, 2026 | PDF · Subscribers | |
Notice of Application dated March 20, 2026
| PDF · Subscribers | |
| Proposal Trustee's Fourth Report dated March 20, 2026 | PDF · Subscribers | |
| Notice of Bankruptcy | PDF · Subscribers | |
| Entered Order dated February 3, 2026 | PDF · Subscribers | |
| Proposal Trustee's Third Report dated February 2, 2026 | PDF · Subscribers | |
| Affidavit #3 of Ryan Martin dated January 30, 2026 | PDF · Subscribers | |
| Affidavit #4 of Ryan Marin dated January 30, 2026 | PDF · Subscribers | |
| Notice of Application dated January 30, 2026 | PDF · Subscribers | |
Entered Order dated December 16, 2025
| PDF · Subscribers | |
| Affidavit #2 of Ryan Martin dated December 12, 2025 | PDF · Subscribers | |
Notice of Application dated December 12, 2025
| PDF · Subscribers | |
| Proposal Trustee's Second Report dated December 12, 2025 | PDF · Subscribers | |
| Blackline Comparing Further Amended Proposal to Proposal | PDF · Subscribers | |
| Blackline Comparing Proposal to Initial Proposal | PDF · Subscribers | |
Order dated November 4, 2025
| PDF · Subscribers | |
| Proposal Trustee’s First Report dated October 31, 2025 | PDF · Subscribers | |
Notice of Application Made October 30, 2025
| PDF · Subscribers | |
Certificate of Filing
| PDF · Subscribers | |
Creditor’s Package – Notice of Intention to Make a Proposal
| PDF · Subscribers | |
| Affidavit #1 of Ryan Michael Martin | PDF · Subscribers | |
Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.
CiteProceedings., “Artic Machinery Ltd” (Proposal). Retrieved 4 November 2026, https://proceedings.ca/case/artic-machinery-ltd
Sources last checked · summary updated 1 September 2026 · Report a correction · Printed from proceedings.ca/case/artic-machinery-ltd
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.