Audible Capital Corp.
Follow- Proceeding
- Receivership (court-appointed)subsection 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act
- File
- CV-20-00640212-00CL
Audible Capital Corp. has been in court-appointed receivership since May 7, 2020, when the Ontario Superior Court of Justice (Commercial List) appointed KSV Kofman Inc. as Receiver on the application of Bridging Finance Inc. as agent, under section 243(1) of the Bankruptcy and Insolvency Act and section 101 of the Courts of Justice Act, in Court File No. CV-20-00640212-00CL. Bridging, the senior secured creditor, holds a charge on substantially all assets of the Companies, including the shares and assets of PWH, and was owed $20.5 million as at the date of the Receivership Order; that balance has since been reduced by the distribution of approximately $5.7 million received from the Lausanne Transaction. Audible's books record unsecured obligations of approximately $1 million, with the three largest unsecured creditors accounting for roughly 75% of that total, plus a $4 million contingent litigation claim asserted by the brother of the Companies' ultimate owner, William Gallacher. Other registrations against the Companies include Travelers Finance Ltd.'s Ontario PPSA claim over a 1998 Sikorsky aircraft owned by 1892244 Alberta Ltd. and Ford Credit Canada Leasing's equipment financing against a 2018 Ford Escape; nothing is owing to Bank of Montreal on its Alberta PPSA registration. The receivership remains active.
Motion Record of the Receiver returnable April 20, 2022 — Application / notice of application
The officer filed report no. Sixth Report. The receivership has largely wound down, having sold PWH and other investments; the remaining realizable asset is Audible's Orla Warrants, which the Receiver is working to exercise and sell once Orla completes its planned refinancing, in order to fund the CRA Trust Claim and distributions to the Bridging Receiver.
34 earlier updates, back to 7 May 2020 — subscribers.
Debtor
Audible Capital Corp.
Receiver
AlixPartners
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Hainey | Ontario Superior Court of Justice | 7 orders, Jun 2020 – Mar 2021 | 196 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverAlixPartners | Bennett Jones LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| ReceiverKSV Kofman Inc., solely | Bennett Jones LLP | 26 May 2020 | Factum · 26 May 2020 |
| ReceiverKSV Restructuring Inc., solely | Bennett Jones LLP | 14 Dec 2020 | Factum · 14 Dec 2020 |
| Applicant | Chaitons LLP | 7 May 2020 | Order · 7 May 2020 |
| DebtorAudible Capital Corp. | Burnet Duckworth & Palmer LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| CreditorAvina Acquisition Corp | Blakes Cassels & Graydon LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| CreditorDean Gallacher | Dunphy Best Blocksom LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| CreditorEdgehill Partners General Partnership | McMillan LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| CreditorSynaptive Medical Inc | Torys LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| CreditorTravelers Finance Ltd | Wilson Vukelich LLP | 22 Feb 2021 | Service list · 22 Feb 2021 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Bridging Finance Inc. (as Agent) · in 6 casesas of date of the Receivership Order (May 7, 2020) — Charge on substantially all assets of the Companies, including shares and assets of PWH — Senior secured creditor; amount owing has since been reduced by the Distribution (~$5.7 million) received from the Lausanne Transaction — debtor: Audible Capital Corp. and related Companies | $20.5M | First Report of the Receiver dated May 26, 2020 |
This proceeding was commenced by a secured creditor. The record does not include the debtor’s own statement of assets and liabilities — that ceiling is the record’s, not this page’s.
7 transactions · 5 approved · 2 closed — the PWH transaction closed on December 31, 2020Sixth Report of the Receiver dated April 13, 2022 · 13 Apr 2022
Stalking horse
Avina Acquisition Corp. · Subscribers
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Petr Svobda, Gregory Finger and Zdenek Bakalathe shares of SEC and certain loans (totalling approximately $20 million) owing to Audible by SEC · share sale · agreement 29 Apr 2020 | Subscribers | Closed9 May 2020 | First Report of the Receiver dated May 26, 2020 |
| purchaser of the Winterhawks under the Lausanne Transaction, unnamedthe Lausanne Transaction and the Distribution in respect thereof · asset sale | not stated | Approved2 Jun 2020 | Court Order re Sale Process and Lausanne… |
| Winterhawks Sports Group LLCall of PWH's right, title and interest in and to the Purchased Assets (as defined in the Sale Agreement) and all of the Assumed Liabilities (as defined in the Sale Agreement) · asset sale · nominee/assignee: Winterhawks Hockey, LLC, Winterhawks Ice Center, LLC, and Winterhawks Youth Hockey, LLC · agreement 23 Oct 2020 | not stated | Approved16 Dec 2020 | Approval and Vesting Order dated December 16… |
| Winterhawks Hockey, LLC, Winterhawks Ice Center, LLC, and Winterhawks Youth Hockey, LLCsubstantially all of the Debtors' U.S. assets · asset sale · nominee/assignee: assignees of Winterhawks Sports Group LLC · agreement 23 Oct 2020 | not stated | Approved18 Dec 2020 | US Sale Order dated December 18, 2020 |
| Avina Acquisition Corp.Stalking horsethe Debtors' right, title and interest in and to the Purchased Assets as defined and described in the Sale Agreement · asset sale · agreement 15 Dec 2020 | Subscribers | Approved16 Mar 2021 | Approval and Vesting Order re Avina dated March… |
| EdgeHill Partnersthe Purchased Assets (as defined in the Sale Agreement) · asset sale · agreement 8 Mar 2021 | not stated | Approved16 Mar 2021 | Approval and Vesting Order re Edge Hill dated… |
| purchaser of PWH's hockey franchise and related assets, unnamed in visible textPWH's hockey franchise which operates in the Western Hockey League · asset sale | not stated | Closed31 Dec 2020 | Sixth Report of the Receiver dated April 13,… |
Secured creditors: shortfall.EstimatedBook of Authorities of the Receiver · 26 May 2020
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | second mortgagees | — | shortfall | Estimated | Book of Authorities of the Receiver · 26 May 2020 |
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.
3 engagements · 3 firms — latest: Bennett Jones LLP, —Motion Record of the Receiver · 16 Dec 2020
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Bennett Jones LLPCounsel | — | — | — | ••• | Motion Record of the Receiver · 16 Dec 2020 |
| K&LReceiver | — | — | — | ••• | Motion Record of the Receiver · 16 Dec 2020 |
| KSV Restructuring Inc.Receiver | — | — | — | ••• | Motion Record of the Receiver · 16 Dec 2020 |
Cumulative receipts
$6.49M
As at 13 Apr 2022Sixth Report of the Receiver dated April 13, 2022
| Date | Document | File |
|---|---|---|
Distribution Approval Order dated April 20, 2022
| PDF · Subscribers | |
Motion Record of the Receiver returnable April 20, 2022
| PDF · Subscribers | |
Sixth Report of the Receiver dated April 13, 2022
| PDF · Subscribers | |
Ancillary Order dated March 16, 2021
| PDF · Subscribers | |
Approval and Vesting Order re Avina dated March 16, 2021
| PDF · Subscribers | |
Approval and Vesting Order re Edge Hill dated March 16, 2021
| PDF · Subscribers | |
| Endorsement of Justice Hainey dated March 16, 2021 | PDF · Subscribers | |
| Motion Record of the Receiver returnable March 16, 2021 | PDF · Subscribers | |
| Book of Authorities of the Receiver dated March 11, 2021 | PDF · Subscribers | |
Factum of the Receiver dated March 11, 2021
| PDF · Subscribers | |
| Fifth Report of the Receiver dated March 9, 2021 | PDF · Subscribers | |
Service List as at February 22, 2021
| PDF · Subscribers | |
Court Order re Bidding Procedures and Stalking Horse APA Approval dated January 6, 2021
| PDF · Subscribers | |
Endorsement of Justice Hainey dated January 6, 2021
| PDF · Subscribers | |
| Motion Record of the Receiver returnable January 6, 2021 | PDF · Subscribers | |
Fourth Report of the Receiver dated December 22, 2020
| PDF · Subscribers | |
US Sale Order dated December 18, 2020
| PDF · Subscribers | |
Ancillary Order dated December 16 2020
| PDF · Subscribers | |
Approval and Vesting Order dated December 16 2020
| PDF · Subscribers | |
Endorsement of Justice Hainey dated December 16, 2020
| PDF · Subscribers | |
Motion Record of the Receiver returnable December 16, 2020
| PDF · Subscribers | |
| Book of Authorities of the Receiver dated December 14, 2020 | PDF · Subscribers | |
Factum of the Receiver dated December 14, 2020
| PDF · Subscribers | |
Third Report of the Receiver dated December 9, 2020
| PDF · Subscribers | |
Court Order dated September 28, 2020
| PDF · Subscribers | |
| Motion Record of the Receiver returnable September 28, 2020 | PDF · Subscribers | |
Second Report of the Receiver dated September 21, 2020
| PDF · Subscribers | |
Court Order re Sale Process and Lausanne Transaction Approval Order dated June 2, 2020
| PDF · Subscribers | |
| Endorsement of Justice Hainey dated June 2, 2020 | PDF · Subscribers | |
Book of Authorities of the Receiver dated May 26, 2020
| PDF · Subscribers | |
Factum of the Receiver dated May 26, 2020
| PDF · Subscribers | |
First Report of the Receiver dated May 26, 2020
| PDF · Subscribers | |
| Motion Record of the Receiver dated May 26, 2020 | PDF · Subscribers | |
| Endorsement of Justice Hainey dated May 7, 2020 | PDF · Subscribers | |
| Provisional Order dated May 7, 2020 | PDF · Subscribers | |
Receivership Order dated May 7, 2020
| PDF · Subscribers | |
Application returnable May 6, 2020
| 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., “Audible Capital Corp.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/audible-capital-corp