Proceedings.

Atcon Group of Companies [CCAA Monitor]

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Proceeding
CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
Court
Court of King's Bench of New Brunswick
File
N/M/17/10
Industry
Construction
Filings held61
Last activity29 Apr 2010
On the record6,064 days
Secured debtSubscribers
OverviewSummary updated

Atcon Group of Companies obtained protection under the Companies' Creditors Arrangement Act by an initial order of the Court of King's Bench of New Brunswick, on the application of The Bank of Nova Scotia, with Ernst & Young Inc. appointed monitor and receiver (court files N/M/16/10 and N/M/17/10). A preliminary, unaudited list of creditors across the group — Atcon Construction Inc., Atcon Industrial Services Inc., Envirem Technologies Inc., Atcon Management Services Inc., Dycon Construction Ltd., Atcon Civil Ltd. and Atcon Structures Inc. — totalled $150,288,364.42. The Bank of Nova Scotia's claim was recorded at $99,221,660.51. Other claims included $6,780,832.59 to Ledwell Labour Limited and $3,059,700.00 to the Department of Business New Brunswick. The proceeding remains active.

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Case updates61 dated entries
#Report

The officer filed report no. Fifth Report of the Monitor. Envirem continues to operate as a going concern while the Monitor works to complete the sale transaction with the Purchaser, preserving jobs for approximately 28 original employees plus 24 additional hires since March 1, 2010.

Source: Fifth Monitor's Report

#Report

The officer filed report no. Second Report. The report addresses the proposed sale of Envirem's shares/assets, confirming shareholder ownership of the two purchasing numbered companies, the exclusion of the Belledune Rock Quarry and certain CAT-financed equipment from the sale, and arrangements for continued third-party access and equipment use.

Source: Second Monitor's Report

#Report

The officer filed report no. First Report of the Monitor. The Companies are attempting to continue as going concerns during the CCAA proceedings: Atcon Construction continues to perform under the Albian and Pennecon contracts, Atcon Industrial is ceasing operations and winding down, and Envirem is proceeding toward a sale of its business while continuing limited operations.

Source: 01. First Monitor's Report

#Order

The Court of King's Bench of New Brunswick granted the initial order under the Companies' Creditors Arrangement Act on 1 March 2010, with Ernst & Young Inc. as monitor.

Source: Initial Order

Parties

Debtor

Atcon Group of Companies [CCAA Monitor]

Monitor

EY

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice RiordonCourt of King's Bench of New Brunswick1 order, Mar 20101 case on record

Counsel of record

PartyCounselFirst seenSource
MonitorEYBorden Ladner Gervais LLP · Burchells LLP24 Mar 2010Service list · 24 Mar 2010
ApplicantBank of Nova ScotiaCox & Palmer11 Mar 2010Service list · 11 Mar 2010
CreditorAlberta Fuel DistributorsMiller Thomson LLP11 Mar 2010Service list · 11 Mar 2010
CreditorAviva SuretyMiller Thomson LLP24 Mar 2010Service list · 24 Mar 2010
CreditorBank of Nova ScotiaCox & Palmer25 Feb 2010Affidavit · 25 Feb 2010
CreditorCanada Revenue AgencyMcMillan LLP24 Mar 2010Service list · 24 Mar 2010
CreditorCanadian Natural Resources LimitedParlee McLaws LLP24 Mar 2010Service list · 24 Mar 2010
CreditorCapital UnderwritersMiller Thomson LLP11 Mar 2010Service list · 11 Mar 2010
CreditorCaterpillar F Financial Services LimitedLawson Creamer11 Mar 2010Service list · 11 Mar 2010
CreditorCaterpillar Financial Services LimitedBlake, Cassels & Graydon LLP · Lawson Creamer11 Mar 2010Service list · 24 Mar 2010
CreditorCML Northern Blower IncMiller Thomson LLP
Previously Foster & Company (last seen 11 Mar 2010)
11 Mar 2010Service list · 24 Mar 2010
CreditorFrontier Fence & Guard Rail LtdAhlstrom Wright Oliver & Cooper LLP24 Mar 2010Service list · 24 Mar 2010
CreditorKey Equipment Finance Canada LtdMiller Thomson LLP11 Mar 2010Service list · 11 Mar 2010
CreditorKomatsu International (Canada) IncAhlstrom Wright Oliver & Cooper LLP24 Mar 2010Service list · 24 Mar 2010
CreditorMacquarie Premium Funding IncBurchells LLP · McMillan LLP
Previously Miller Thomson LLP (last seen 11 Mar 2010)
11 Mar 2010Service list · 24 Mar 2010
CreditorMichelin North America IncFraser Milner Casgrain LLP (now Dentons Canada LLP) · Miller Thomson LLP24 Mar 2010Application · 26 Mar 2010
CreditorProvince of New BrunswickCox & Palmer
Previously Borden Ladner Gervais LLP (last seen 11 Mar 2010)
11 Mar 2010Service list · 24 Mar 2010
CreditorPTI Premium Camp Services LtdAhlstrom Wright Oliver & Cooper LLP · Fraser Milner Casgrain LLP (now Dentons Canada LLP)24 Mar 2010Application · 26 Mar 2010
CreditorRoyal Bank of CanadaAird & Berlis LLP
Previously McMillan LLP (last seen 11 Mar 2010)
11 Mar 2010Service list · 24 Mar 2010
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
#Priority classCreditorAmountSource
4SecuredThe Bank of Nova Scotia · in 115 casesSame balance listed identically across multiple Atcon entities (Atcon Industrial Services Inc., Envirem Technologies Inc., Atcon Management Services Inc., Dycon Construction Ltd., Atcon Civil Ltd.) apparently reflecting cross-guaranteed/consolidated group debt; listed in the creditor listing without security description stated on these pages — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$99.2MPreliminary List of Creditors
4Secured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured
8Unsecured

115 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

3 transactions · 1 proposed · 1 approved · 1 not completed — Transaction approved but not yet closed; Monitor recommends extension of stay to permit closingFifth Monitor's Report · 22 Apr 2010

PurchaserPriceStatusSource
purchaser under the Envirem Sale Agreement, unnamed in this reportcertain assets are being purchased by the purchasers, and certain assets are excluded from the scope of the Transaction · asset sale · agreement 10 Mar 2010SealedProposedSecond Monitor's Report
Envirem Organics Inc.Holdings' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · agreement 10 Mar 2010not statedApproved22 Mar 2010CCAA Approval and Vesting Order
purchasers listed in the LOI, unnamed in this reportcertain assets of Envirem, as well as other assets of entities affiliated with the Companies, on a going concern basis · asset sale · agreement 10 Mar 2010SealedNot completeddate not statedFifth Monitor's Report
Closing termsvesting effective upon delivery of Receiver's Certificate to the PurchaserReceivership Approval and Vesting Order
Estate financialsReported figures — never derived
Total liabilities at filing

As at ·

Cumulative disbursements

$1.1M

As at 12 Mar 201001. First Monitor's Report

Professional fees

As at

1 more reported figure, and the total the debtor stated at filing

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

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Documents
61 filings
DateDocumentFile
Certificate of Appointment for the Bankruptcy of 058545 N.B. Inc. (formerly Envirem Technologies Inc.)PDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Civil LtdPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Management Services IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Structures IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Veneer Products IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Dycon Construction LtdPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Logistics IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Construction IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Group IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Holdings IncPDF · Subscribers
Certificate of Appointment for the Bankruptcy of Atcon Property Holdings IncPDF · Subscribers
Envirem Extension OrderPDF · Subscribers
Fifth Monitor's Report
  • Closing confirmed Did not complete · date not stated
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 8 more extracted facts
PDF · Subscribers
Envirem OrderPDF · Subscribers
Modification to the Atcon Construction Inc. et al. Receivership OrderPDF · Subscribers
Modification to Initial CCAA OrderPDF · Subscribers
Receivership Order for Atcon Construction Inc. et. al
  • Applicant THE BANK OF NOVA SCOTIA
  • Appointee Ernst & Young Inc.
  • Appointee role receiver and receiver manager
  • Commencement date 30 March 2010
  • + 4 more extracted facts
PDF · Subscribers
Receivership Order for Atcon Industrial Services IncPDF · Subscribers
Affidavit of Rocco FabianoPDF · Subscribers
Bank of Nova Scotia's Notice of Motion
  • Counsel Miller Thomson LLP
PDF · Subscribers
Companies' Notice of MotionPDF · Subscribers
Service List
  • Counsel Burchells LLP
PDF · Subscribers
CCAA Approval and Vesting Order
  • Closing terms Vesting occurs upon delivery of a Monitor's Certificate confirming payment of the Purchase Price and satisfaction of closing conditions.
  • Order date 22 March 2010
  • Purchaser Envirem Organics Inc. · the Debtors' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · approved
  • Sale outcome Sale approved — Transaction approved by the Court
  • + 1 more extracted fact
PDF · Subscribers
Equipment OrderPDF · Subscribers
Receivership Approval and Vesting Order
  • Closing terms vesting effective upon delivery of Receiver's Certificate to the Purchaser
  • Order date 22 March 2010
  • Purchaser Envirem Organics Inc. · Holdings' right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · approved
  • Sale outcome Sale approved — the Transaction is hereby approved
  • + 1 more extracted fact
PDF · Subscribers
Affidavit of Robert TozerPDF · Subscribers
Second Monitor's Report
  • Operational summary The report addresses the proposed sale of Envirem's shares/assets, confirming shareholder ownership of the two purchasing numbered companies, the exclusion of the Belledune Rock Quarry and certain CAT-financed equipment from the sale, and arrangements for continued third-party access and equipment use.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 7 more extracted facts
PDF · Subscribers
Court OrderPDF · Subscribers
Release of Trust Funds OrderPDF · Subscribers
02. First Monitor's Report - Second Supplement
PDF · Subscribers
Rocco Fabiano - Supplementary AffidavitPDF · Subscribers
01. First Monitor's Report
  • Operational summary The Companies are attempting to continue as going concerns during the CCAA proceedings: Atcon Construction continues to perform under the Albian and Pennecon contracts, Atcon Industrial is ceasing operations and winding down, and Envirem is proceeding toward a sale of its business while continuing limited operations.
  • Disbursements · Financial position · Professional fees Subscribers
  • + 2 more extracted facts
PDF · Subscribers
Companies Motion to Replace the Monitor and Staying Execution of the Receivership Order
  • Applicant The Bank of Nova Scotia
  • Appointee Ernst & Young Inc.
  • Appointee role Court-appointed Monitor and Receiver
  • Court IN THE COURT OF QUEEN'S BENCH OF NEW BRUNSWICK
  • + 2 more extracted facts
PDF · Subscribers
Notice of MotionPDF · Subscribers
Brief of the MonitorPDF · Subscribers
Letter to Service List
  • Counsel Miller Thomson LLP
PDF · Subscribers
Written Submissions of the MonitorPDF · Subscribers
Endorsement of Justice Thomas W. Riordon
  • Presiding officer Justice Thomas W. Riordon
PDF · Subscribers
Initial Order
  • Applicant THE BANK OF NOVA SCOTIA
  • Appointee Ernst & Young Inc.
  • Appointee role Monitor
  • Commencement date 1 March 2010
  • + 5 more extracted facts
PDF · Subscribers
Notice to CreditorsPDF · Subscribers
Preliminary List of Creditors
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Exhibit A - Atcon Corporate ChartPDF · Subscribers
Exhibit B - Description of OperationsPDF · Subscribers
Exhibit B - PPSA Summary of Search ResultsPDF · Subscribers
Exhibit C - Credit AgreementPDF · Subscribers
Exhibit D - Amended Credit AgreementPDF · Subscribers
Exhibit E - Listing of SecurityPDF · Subscribers
Exhibit F - Forbearance Extension AgreementPDF · Subscribers
Exhibit H - PPSA Search ResultsPDF · Subscribers
Exhibit K - Notice of Intention To Enforce SecurityPDF · Subscribers
Exhibit N - Projected Cash Flow AnalysisPDF · Subscribers
Exhibit O - Operating Facility Term SheetPDF · Subscribers
Part 1 - Notice of MotionPDF · Subscribers
Part 2 - Affidavit of Rocco FabianoPDF · Subscribers
Part 3 - Affidavit of Jane MacEachern
  • Counsel Cox & Palmer
PDF · Subscribers
Report of the Proposed MonitorPDF · Subscribers
Exhibit I - Real Property HoldingsPDF · Subscribers
Exhibit J - Demand LettersPDF · Subscribers
Exhibit G - Unaudited Debt by Company as atPDF · Subscribers
Exhibit M - Unaudited Financial StatementsPDF · Subscribers
Exhibit L - Auditor's Report and 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., “Atcon Group of Companies [CCAA Monitor]” (CCAA), Court of King's Bench of New Brunswick. Retrieved 4 November 2026, https://proceedings.ca/case/atcon-group-of-companies-ccaa-monitor

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Sources last checked · summary updated 24 August 2026 · Report a correction · Printed from proceedings.ca/case/atcon-group-of-companies-ccaa-monitor

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.