Proceedings.

Atcon Group of Companies [CCAA Monitor]

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Active
Proceeding
CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
File
N/M/17/10
Filings held61
Last activity29 Apr 2010
On the record6,019 days
Secured debt$99.2M
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

Capital structureAs asserted in the filings
stated amounts, drawn to scale · the 99 smallest grouped as one mark · 4 named without a figure
USD · stated amounts, drawn to scale
#Priority classCreditorAmountSource
4SecuredThe Bank of Nova Scotia · in 110 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
4SecuredThe Bank of Nova Scotia · in 110 casesAmount differs by $60.00 from other entity listings for the same creditor; classification as secured is inferred from typical Bank of Nova Scotia facility role but security is not described on these pages — debtor: Atcon Structures Inc. · as of 1 Mar 2010$99.2MPreliminary List of Creditors
8UnsecuredThe Bank of Nova Scotia · in 110 casesListed as unsecured on this creditor listing; may hold security not disclosed on these pages — debtor: Atcon Construction Inc. · as of 1 Mar 2010$99.2MPreliminary List of Creditors
8UnsecuredCaterpillar Financial Services · in 3 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$7.13MPreliminary List of Creditors
8UnsecuredLedwell Labour Limitedrelated party (related Atcon group entity) — debtor: Atcon Construction Inc. · as of 1 Mar 2010$6.78MPreliminary List of Creditors
8UnsecuredDepartment of Business New BrunswickSeparate line item from the other Department of Business New Brunswick balance listed for the same entity — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$3.06MPreliminary List of Creditors
8UnsecuredGE Canada Equipment Financing · in 4 casesdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$2.62MPreliminary List of Creditors
8UnsecuredGE Canada Equipment Financing · in 4 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$1.71MPreliminary List of Creditors
8UnsecuredCanada Revenue Agency (Corporate Tax) · in 926 casesregulatory/tax indebtedness - deemed trust class — debtor: Atcon Construction Inc. · as of 1 Mar 2010$1.19MPreliminary List of Creditors
8UnsecuredWestwood Electric Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$1.02MPreliminary List of Creditors
8UnsecuredICE Manufacturing Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$1.02MPreliminary List of Creditors
8UnsecuredInland · in 2 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$914KPreliminary List of Creditors
8UnsecuredNutritec Inc.debtor: Envirem Technologies Inc. · as of 1 Mar 2010$900KPreliminary List of Creditors
8UnsecuredAtlantic Canada Opportunities Agency (ACOA) · in 20 casesregulatory/government agency claim — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$711KPreliminary List of Creditors
8UnsecuredRoyal Bank of Canada · in 556 casesListed as unsecured on this creditor listing; may hold security not disclosed on these pages — debtor: Atcon Construction Inc. · as of 1 Mar 2010$666KPreliminary List of Creditors
8UnsecuredPTI Premium Campdebtor: Atcon Construction Inc. · as of 1 Mar 2010$644KPreliminary List of Creditors
8UnsecuredGlenridge Equipment Corpdebtor: Atcon Construction Inc. · as of 1 Mar 2010$627KPreliminary List of Creditors
8UnsecuredTracer Field Servicesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$601KPreliminary List of Creditors
8UnsecuredClaymont Steeldebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$589K USDPreliminary List of Creditors
8UnsecuredMSM Construction Servicedebtor: Atcon Construction Inc. · as of 1 Mar 2010$588KPreliminary List of Creditors
8UnsecuredRowe's Constructiondebtor: Atcon Construction Inc. · as of 1 Mar 2010$544KPreliminary List of Creditors
8UnsecuredCanada Revenue Agency · in 926 casesDeemed trust class (CRA indebtedness) — debtor: Envirem Technologies Inc. · as of 1 Mar 2010$535KPreliminary List of Creditors
8UnsecuredUnited Rentals of Canada · in 5 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$532KPreliminary List of Creditors
8UnsecuredCanada Revenue Agency · in 926 casesDeemed trust class (CRA indebtedness) — debtor: Atcon Civil Ltd. · as of 1 Mar 2010$423KPreliminary List of Creditors
8UnsecuredPACCAR Financial Services Ltd. · in 3 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$373KPreliminary List of Creditors
8UnsecuredABNdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$357KPreliminary List of Creditors
8UnsecuredAlberta Fuel Distrib.debtor: Atcon Construction Inc. · as of 1 Mar 2010$337KPreliminary List of Creditors
8UnsecuredDeer Lake Rebardebtor: Atcon Construction Inc. · as of 1 Mar 2010$334KPreliminary List of Creditors
8UnsecuredAtlantic Tractors & Equipment · in 2 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$325KPreliminary List of Creditors
8UnsecuredKey Equipment Finance Canada Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$321KPreliminary List of Creditors
8UnsecuredJacques Whitforddebtor: Atcon Construction Inc. · as of 1 Mar 2010$311KPreliminary List of Creditors
8UnsecuredAMEC Earthdebtor: Atcon Construction Inc. · as of 1 Mar 2010$283KPreliminary List of Creditors
8UnsecuredAtcon Holdings Inc.related party (parent/related Atcon group entity) — debtor: Atcon Construction Inc. · as of 1 Mar 2010$279KPreliminary List of Creditors
8UnsecuredAtlantic Tractors & Equipment · in 2 casesdebtor: Envirem Technologies Inc. · as of 1 Mar 2010$252KPreliminary List of Creditors
8UnsecuredIntroflex Packaging Inc.debtor: Envirem Technologies Inc. · as of 1 Mar 2010$249KPreliminary List of Creditors
8UnsecuredMaritime Steel & Foundries Limiteddebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$238KPreliminary List of Creditors
8UnsecuredImperial Oil · in 29 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$231KPreliminary List of Creditors
8UnsecuredKomatsu International (Canada) Inc. · in 11 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$228KPreliminary List of Creditors
8UnsecuredSGS Canada Inc. · in 14 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$211KPreliminary List of Creditors
8UnsecuredGMAC · in 4 casestwo separate GMAC entries in listing (202,939.25 and 15,937.88), reported as stated — debtor: Atcon Construction Inc. · as of 1 Mar 2010$203KPreliminary List of Creditors
8UnsecuredDepartment of Business New Brunswickgovernment agency claim — debtor: Atcon Construction Inc. · as of 1 Mar 2010$200KPreliminary List of Creditors
8UnsecuredJ&S Sheet Metal Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$200KPreliminary List of Creditors
8UnsecuredHatch Ltd. · in 2 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$198KPreliminary List of Creditors
8UnsecuredAtcon Industrial Services Inc. (owed by Atcon Construction Inc.)related party - owed to Atcon Holdings Inc. — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$196KPreliminary List of Creditors
8UnsecuredADD Capital Corp. · in 18 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$195KPreliminary List of Creditors
8UnsecuredMcInnes Cooper · in 7 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$191KPreliminary List of Creditors
8UnsecuredRay's Paving Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$185KPreliminary List of Creditors
8UnsecuredNoralta Lodgedebtor: Atcon Construction Inc. · as of 1 Mar 2010$181KPreliminary List of Creditors
8UnsecuredNational Leasing Group Inc. · in 52 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$180KPreliminary List of Creditors
8UnsecuredGunter HoeksmaIndividual creditor; role/relationship not stated on these pages — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$180KPreliminary List of Creditors
8UnsecuredModSpace · in 5 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$179KPreliminary List of Creditors
8UnsecuredScotia Sheet Metals Inc.debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$177KPreliminary List of Creditors
8UnsecuredSpruceland Lumber · in 2 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$154KPreliminary List of Creditors
8UnsecuredNorthern Crane Servicedebtor: Atcon Construction Inc. · as of 1 Mar 2010$150KPreliminary List of Creditors
8UnsecuredSon Creek Internationaldebtor: Atcon Construction Inc. · as of 1 Mar 2010$148KPreliminary List of Creditors
8UnsecuredDepartment of Business New Brunswickdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$143KPreliminary List of Creditors
8UnsecuredNorth American Construction Zonedebtor: Atcon Construction Inc. · as of 1 Mar 2010$142KPreliminary List of Creditors
8UnsecuredFrontier Fence & Guard Rail Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$142KPreliminary List of Creditors
8UnsecuredNew Concrete Productsdebtor: Atcon Construction Inc. · as of 1 Mar 2010$130KPreliminary List of Creditors
8UnsecuredCaribou Energy Park Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$126KPreliminary List of Creditors
8UnsecuredBlackstone Corporationdebtor: Atcon Construction Inc. · as of 1 Mar 2010$123KPreliminary List of Creditors
8UnsecuredEmeco Canadadebtor: Atcon Construction Inc. · as of 1 Mar 2010$121KPreliminary List of Creditors
8UnsecuredPrecision Flamecutting & SteelUS address (Dallas, TX); currency inferred, not explicitly labelled — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$119K USDPreliminary List of Creditors
8UnsecuredFastenal Canada · in 28 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$118KPreliminary List of Creditors
8UnsecuredDyno Nobeldebtor: Atcon Construction Inc. · as of 1 Mar 2010$114KPreliminary List of Creditors
8UnsecuredHarris and Roome Supply · in 2 casesdebtor: Envirem Technologies Inc. · as of 1 Mar 2010$114KPreliminary List of Creditors
8UnsecuredPlace-Crete Systems Inc.debtor: Atcon Construction Inc. · as of 1 Mar 2010$110KPreliminary List of Creditors
8UnsecuredNBEPCdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$109KPreliminary List of Creditors
8UnsecuredEveready Industrialdebtor: Atcon Construction Inc. · as of 1 Mar 2010$107KPreliminary List of Creditors
8UnsecuredMotion Canada · in 25 casesdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$103KPreliminary List of Creditors
8UnsecuredCML Northern Blower Inc.debtor: Atcon Construction Inc. · as of 1 Mar 2010$103KPreliminary List of Creditors
8UnsecuredThe Gisborne Groupdebtor: Atcon Construction Inc. · as of 1 Mar 2010$102KPreliminary List of Creditors
8UnsecuredEastern Canada Stevedoring Incdebtor: Envirem Technologies Inc. · as of 1 Mar 2010$101KPreliminary List of Creditors
8UnsecuredErscon Canada Incdebtor: Atcon Construction Inc. · as of 1 Mar 2010$100KPreliminary List of Creditors
8UnsecuredAIG Commercial Equipment Finance, Inc.debtor: Atcon Construction Inc. · as of 1 Mar 2010$100K USDPreliminary List of Creditors
8UnsecuredPremay Equipment LPdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$96KPreliminary List of Creditors
8UnsecuredGowling Lafleur Hendersondebtor: Atcon Construction Inc. · as of 1 Mar 2010$95.8KPreliminary List of Creditors
8UnsecuredBecker UnderwoodUS address (Ames, IA); currency inferred, not explicitly labelled — debtor: Envirem Technologies Inc. · as of 1 Mar 2010$93.1K USDPreliminary List of Creditors
8UnsecuredNational Car (AB)debtor: Atcon Construction Inc. · as of 1 Mar 2010$89.9KPreliminary List of Creditors
8UnsecuredOlympic Metals Ltd.debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$89.5KPreliminary List of Creditors
8UnsecuredM.P.D Auto Salesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$89.2KPreliminary List of Creditors
8UnsecuredUnsecured creditors (aggregate as reported) - Atcon Industrial Services Inc. CRA · in 532 casesCanada Revenue Agency, deemed trust class - no further breakdown given for this entity — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$86.4KPreliminary List of Creditors
8UnsecuredValard Construction Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$83.6KPreliminary List of Creditors
8UnsecuredCaterpillar Financial Services (Atcon Industrial Services Inc.) · in 3 casesdistinct from Atcon Construction Inc. Caterpillar Financial Services balance — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$83.3KPreliminary List of Creditors
8UnsecuredAluma Systemsdebtor: Atcon Construction Inc. · as of 1 Mar 2010$82.9KPreliminary List of Creditors
8UnsecuredGrant Thornton · in 9 casesdebtor: Envirem Technologies Inc. · as of 1 Mar 2010$81.9KPreliminary List of Creditors
8UnsecuredMMM Group Limited · in 3 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$80.8KPreliminary List of Creditors
8UnsecuredMuskeg Distributors LPdebtor: Atcon Construction Inc. · as of 1 Mar 2010$80.6KPreliminary List of Creditors
8UnsecuredSODEXHOdebtor: Atcon Construction Inc. · as of 1 Mar 2010$80.2KPreliminary List of Creditors
8UnsecuredAlter Monetadebtor: Atcon Construction Inc. · as of 1 Mar 2010$75.8KPreliminary List of Creditors
8UnsecuredCansel · in 8 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$69.5KPreliminary List of Creditors
8UnsecuredRevolution Strategydebtor: Atcon Management Services Inc. · as of 1 Mar 2010$66.1KPreliminary List of Creditors
8UnsecuredProvincial Striping Co.debtor: Atcon Construction Inc. · as of 1 Mar 2010$64.7KPreliminary List of Creditors
8UnsecuredZJ Solutions Ltd.debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$63.6KPreliminary List of Creditors
8UnsecuredWildwood Transport Inc.debtor: Atcon Construction Inc. · as of 1 Mar 2010$63.6KPreliminary List of Creditors
8UnsecuredNorthern Industrial Insulation Contractors Inc.debtor: Atcon Construction Inc. · as of 1 Mar 2010$62.9KPreliminary List of Creditors
8UnsecuredSorge's Welding Ltd.debtor: Atcon Construction Inc. · as of 1 Mar 2010$61.7KPreliminary List of Creditors
8UnsecuredBirch Mountain Enterprisedebtor: Atcon Construction Inc. · as of 1 Mar 2010$61KPreliminary List of Creditors
8UnsecuredCropac Equipment Inc. · in 6 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$60.5KPreliminary List of Creditors
8UnsecuredMcInnes Cooper · in 7 casesdebtor: Atcon Management Services Inc. · as of 1 Mar 2010$60KPreliminary List of Creditors
8UnsecuredWORKSAFENB · in 2 casesRegulatory workers' compensation body — debtor: Atcon Management Services Inc. · as of 1 Mar 2010$56.4KPreliminary List of Creditors
8UnsecuredAmcan Jumax Inc. · in 2 casesdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$56KPreliminary List of Creditors
8UnsecuredTridon Communications · in 4 casesdebtor: Atcon Construction Inc. · as of 1 Mar 2010$53.7KPreliminary List of Creditors
8UnsecuredSunny Corner Enterprisesdebtor: Atcon Industrial Services Inc. · as of 1 Mar 2010$53.3KPreliminary List of Creditors
8UnsecuredBassett Petroleum Distributers Ltddebtor: Atcon Construction Inc. · as of 1 Mar 2010$53KPreliminary List of Creditors
8UnsecuredBristol Groupdebtor: Atcon Management Services Inc. · as of 1 Mar 2010$44KPreliminary List of Creditors
8UnsecuredAlberta Ironworkers Apprenticeship & Training Funddebtor: Dycon Construction Ltd. · as of 1 Mar 2010$41.5KPreliminary List of Creditors
8UnsecuredEdmonton Pipe Industrydebtor: Dycon Construction Ltd. · as of 1 Mar 2010$38.8KPreliminary List of Creditors
8UnsecuredRockwood PigmentsUS address (Chicago, IL); currency inferred, not explicitly labelled — debtor: Envirem Technologies Inc. · as of 1 Mar 2010$34.7K USDPreliminary List of Creditors
8UnsecuredKelly, Remmel, & ZimmermanUS address (Portland, ME); currency inferred, not explicitly labelled — debtor: Envirem Technologies Inc. · as of 1 Mar 2010$31.9K USDPreliminary List of Creditors
8UnsecuredSure-Gro Inc.debtor: Envirem Technologies Inc. · as of 1 Mar 2010$25.6KPreliminary List of Creditors
8UnsecuredAtcon Holdings Inc.Related party (affiliated Atcon entity) — debtor: Envirem Technologies Inc. · as of 1 Mar 2010$22.8KPreliminary List of Creditors
8UnsecuredUnsecured creditors (numerous other individually named creditors, Dycon Construction Ltd.) · in 532 casesAdditional individually named creditors listed on page 16 with balances generally below $50,000 each; not separately itemized here for brevity but present in the source document — debtor: Dycon Construction Ltd. · as of 1 Mar 2010Preliminary List of Creditors
8UnsecuredUnsecured creditors (numerous other individually named trade creditors, Atcon Industrial Services Inc.) · in 532 casesNumerous additional individually named trade creditors listed on pages 9-12 with balances generally below $50,000 each; not separately itemized here for brevity but present in the source document — debtor: Atcon Industrial Services Inc. · as of 1 Mar 2010Preliminary List of Creditors
8UnsecuredUnsecured creditors (numerous other individually named trade creditors, Envirem Technologies Inc.) · in 532 casesNumerous additional individually named trade creditors listed on pages 12-15 with balances generally below $50,000 each; not separately itemized here for brevity but present in the source document — debtor: Envirem Technologies Inc. · as of 1 Mar 2010Preliminary List of Creditors
8UnsecuredUnsecured creditors (numerous other individually named trade creditors, Atcon Management Services Inc.) · in 532 casesNumerous additional individually named trade creditors listed on pages 15-16 with balances generally below $50,000 each; not separately itemized here for brevity but present in the source document — debtor: Atcon Management Services Inc. · as of 1 Mar 2010Preliminary List of Creditors

“not stated” means the record names the claim without a figure; “” means not in the extracted record.

Sale processAs stated in the filings

3 transactions · 1 proposed · 1 approved · 1 not completedTransaction 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
Estate financialsReported figures — never derived
Total liabilities at filing$150M

As at 1 Mar 2010 · per Preliminary/unaudited list of creditors as prepared from the records of the Debtor Companies, without admission as to liability · Combined/consolidated across legal entities: Atcon Industrial Services Inc., Envirem Technologies Inc., Atcon Management Services Inc., Dycon Construction Ltd., Atcon Civil Ltd., Atcon Structures Inc. — Grand Total figure stated on page 16; appears to reflect the sum of the creditor listing, which includes repeated (potentially duplicated) Bank of Nova Scotia balances across multiple affiliated entities

Cumulative disbursements

$1.1M

As at 12 Mar 201001. First Monitor's Report

Professional fees to date

$232K

As at 12 Mar 201001. First Monitor's Report

Documents
61 filings
DateDocumentFile
Certificate of Appointment for the Bankruptcy of 058545 N.B. Inc. (formerly Envirem Technologies Inc.)PDF
Certificate of Appointment for the Bankruptcy of Atcon Civil LtdPDF
Certificate of Appointment for the Bankruptcy of Atcon Management Services IncPDF
Certificate of Appointment for the Bankruptcy of Atcon Structures IncPDF
Certificate of Appointment for the Bankruptcy of Atcon Veneer Products IncPDF
Certificate of Appointment for the Bankruptcy of Dycon Construction LtdPDF
Certificate of Appointment for the Bankruptcy of Atcon Logistics IncPDF
Certificate of Appointment for the Bankruptcy of Atcon Construction IncPDF
Certificate of Appointment for the Bankruptcy of Atcon Group IncPDF
Certificate of Appointment for the Bankruptcy of Atcon Holdings IncPDF
Certificate of Appointment for the Bankruptcy of Atcon Property Holdings IncPDF
Envirem Extension OrderPDF
Fifth Monitor's Report
  • Closing confirmed Did not complete · date not stated
  • Operational summary 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.
  • Purchaser purchasers listed in the LOI, unnamed in this report · certain assets of Envirem, as well as other assets of entities affiliated with the Companies, on a going concern basis · asset sale · price sealed · approved
  • Report date 22 April 2010
  • + 2 more extracted facts
PDF
Envirem OrderPDF
Modification to the Atcon Construction Inc. et al. Receivership OrderPDF
Modification to Initial CCAA OrderPDF
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
Receivership Order for Atcon Industrial Services IncPDF
Affidavit of Rocco FabianoPDF
Bank of Nova Scotia's Notice of MotionPDF
Companies' Notice of MotionPDF
Service ListPDF
CCAA Approval and Vesting Order
  • 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
PDF
Equipment OrderPDF
Receivership Approval and Vesting Order
  • 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
PDF
Affidavit of Robert TozerPDF
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.
  • Purchaser purchaser under the Envirem Sale Agreement, unnamed in this report · certain assets are being purchased by the purchasers, and certain assets are excluded from the scope of the Transaction · asset sale · price sealed · proposed
  • Report date 19 March 2010
  • Report no Second Report
  • + 1 more extracted fact
PDF
Court OrderPDF
Release of Trust Funds OrderPDF
02. First Monitor's Report - Second SupplementPDF
Rocco Fabiano - Supplementary AffidavitPDF
01. First Monitor's Report
  • Disbursements $1.1M · Note: Actual total disbursements for the week ended March 5, 2010, per variance analysis in Appendix G. · Since: week ended March 5, 2010
  • 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.
  • Professional fees $232K · Note: Actual professional fees for the week were $232,476 versus $167,750 projected; Administration Charge (securing Monitor, Monitor's counsel, Bank's counsel fees) sought to be increased to $1,000,000. · Party: Monitor, Monitor's counsel and Bank's counsel (professional fees, per cash flow variance analysis) · Period: week ended March 5, 2010
  • Report date 12 March 2010
  • + 1 more extracted fact
PDF
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
Notice of MotionPDF
Brief of the MonitorPDF
Letter to Service ListPDF
Written Submissions of the MonitorPDF
Endorsement of Justice Thomas W. Riordon
  • Presiding officer Justice Thomas W. Riordon
PDF
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
Notice to CreditorsPDF
Preliminary List of Creditors
  • Financial position Liabilities $150M · as at 1 Mar 2010 · per Preliminary/unaudited list of creditors as prepared from the records of the Debtor Companies, without admission as to liability · Combined/consolidated across legal entities: Atcon Industrial Services Inc., Envirem Technologies Inc., Atcon Management Services Inc., Dycon Construction Ltd., Atcon Civil Ltd., Atcon Structures Inc. — Grand Total figure stated on page 16; appears to reflect the sum of the creditor listing, which includes repeated (potentially duplicated) Bank of Nova Scotia balances across multiple affiliated entities
  • Secured creditors $99.2M · Note: Amount differs by $60.00 from other entity listings for the same creditor; classification as secured is inferred from typical Bank of Nova Scotia facility role but security is not described on these pages · Page: 16 · As of: 2010-03-01 · Debtor: Atcon Structures Inc. · Creditor: The Bank of Nova Scotia
  • Unsecured creditors $64.7K · Page: 6 · As of: 2010-03-01 · Basis: Preliminary list of creditors as prepared from the records of the Debtor Companies, without admission as to liability · Debtor: Atcon Construction Inc. · Creditor: Provincial Striping Co.
PDF
Exhibit A - Atcon Corporate ChartPDF
Exhibit B - Description of OperationsPDF
Exhibit B - PPSA Summary of Search ResultsPDF
Exhibit C - Credit AgreementPDF
Exhibit D - Amended Credit AgreementPDF
Exhibit E - Listing of SecurityPDF
Exhibit F - Forbearance Extension AgreementPDF
Exhibit H - PPSA Search ResultsPDF
Exhibit K - Notice of Intention To Enforce SecurityPDF
Exhibit N - Projected Cash Flow AnalysisPDF
Exhibit O - Operating Facility Term SheetPDF
Part 1 - Notice of MotionPDF
Part 2 - Affidavit of Rocco FabianoPDF
Part 3 - Affidavit of Jane MacEachernPDF
Report of the Proposed MonitorPDF
Exhibit I - Real Property HoldingsPDF
Exhibit J - Demand LettersPDF
Exhibit G - Unaudited Debt by Company as atPDF
Exhibit M - Unaudited Financial StatementsPDF
Exhibit L - Auditor's Report and FinancialsPDF

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

CiteProceedings., “Atcon Group of Companies [CCAA Monitor]” (CCAA), Court of King's Bench of New Brunswick. Retrieved 20 September 2026, https://proceedings.ca/case/atcon-group-of-companies-ccaa-monitor

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.