Proceedings.

Audible Capital Corp.

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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
Filings held37
Last activity20 Apr 2022
On the record2,328 days
Secured debtSubscribers
OverviewSummary updated

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.

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Case updates37 dated entries
#Report

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.

Source: Sixth Report of the Receiver dated April 13, 2022

34 earlier updates, back to 7 May 2020 subscribers.

Parties

Debtor

Audible Capital Corp.

Receiver

AlixPartners

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice HaineyOntario Superior Court of Justice7 orders, Jun 2020 – Mar 2021196 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverAlixPartnersBennett Jones LLP22 Feb 2021Service list · 22 Feb 2021
ReceiverKSV Kofman Inc., solelyBennett Jones LLP26 May 2020Factum · 26 May 2020
ReceiverKSV Restructuring Inc., solelyBennett Jones LLP14 Dec 2020Factum · 14 Dec 2020
ApplicantChaitons LLP7 May 2020Order · 7 May 2020
DebtorAudible Capital Corp.Burnet Duckworth & Palmer LLP22 Feb 2021Service list · 22 Feb 2021
CreditorAvina Acquisition CorpBlakes Cassels & Graydon LLP22 Feb 2021Service list · 22 Feb 2021
CreditorDean GallacherDunphy Best Blocksom LLP22 Feb 2021Service list · 22 Feb 2021
CreditorEdgehill Partners General PartnershipMcMillan LLP22 Feb 2021Service list · 22 Feb 2021
CreditorSynaptive Medical IncTorys LLP22 Feb 2021Service list · 22 Feb 2021
CreditorTravelers Finance LtdWilson Vukelich LLP22 Feb 2021Service list · 22 Feb 2021
Capital structureAs asserted in the filings
Priority classCreditorAmountSource
SecuredBridging 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$20.5MFirst 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.

5 more claims across lower-ranking classes

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Sale processAs stated in the filings

7 transactions · 5 approved · 2 closedthe PWH transaction closed on December 31, 2020Sixth Report of the Receiver dated April 13, 2022 · 13 Apr 2022

PurchaserPriceStatusSource
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 2020SubscribersClosed9 May 2020First 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 salenot statedApproved2 Jun 2020Court 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 2020not statedApproved16 Dec 2020Approval 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 2020not statedApproved18 Dec 2020US 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 2020SubscribersApproved16 Mar 2021Approval and Vesting Order re Avina dated March…
EdgeHill Partnersthe Purchased Assets (as defined in the Sale Agreement) · asset sale · agreement 8 Mar 2021not statedApproved16 Mar 2021Approval 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 salenot statedClosed31 Dec 2020Sixth Report of the Receiver dated April 13,…
AdvisorsKen Stickney (sale agent); 2056684 Alberta Ltd (listing broker)Third Report of the Receiver dated December 9, 2020
Closing termsVesting occurs upon delivery of the Receiver's Certificate to the PurchaserApproval and Vesting Order re Edge Hill dated March 16, 2021
RecoveriesAs stated in the filings

Secured creditors: shortfall.EstimatedBook of Authorities of the Receiver · 26 May 2020

ClassCreditorClaimsRecoveryBasisSource
Securedsecond mortgageesshortfallEstimatedBook 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.

Fees and ratesAs stated in the filings

3 engagements · 3 firmslatest: Bennett Jones LLP, Motion Record of the Receiver · 16 Dec 2020

FirmPeriodHoursFeesRatesSource
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

3 stated figures across 3 engagements, each sourced

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Estate financialsReported figures — never derived

Cumulative receipts

$6.49M

As at 13 Apr 2022Sixth Report of the Receiver dated April 13, 2022

3 more reported figures, as at 13 Apr 2022

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Documents
37 filings
DateDocumentFile
Distribution Approval Order dated April 20, 2022
  • Presiding officer Justice McEwen
PDF · Subscribers
Motion Record of the Receiver returnable April 20, 2022
  • Counsel Bennett Jones LLP
PDF · Subscribers
Sixth Report of the Receiver dated April 13, 2022
  • Closing confirmed Closed · 31 Dec 2020
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 8 more extracted facts
PDF · Subscribers
Ancillary Order dated March 16, 2021
  • Presiding officer Justice Hainey
PDF · Subscribers
Approval and Vesting Order re Avina dated March 16, 2021
  • Purchaser Avina Acquisition Corp. · the Debtors' right, title and interest in and to the Purchased Assets as defined and described in the Sale Agreement · asset sale · approved
  • Sale outcome Sale approved — Transaction approved and vesting ordered
  • Stalking horse Subscribers
PDF · Subscribers
Approval and Vesting Order re Edge Hill dated March 16, 2021
  • Closing terms Vesting occurs upon delivery of the Receiver's Certificate to the Purchaser
  • Order date 16 March 2021
  • Purchaser EdgeHill Partners · the Purchased Assets (as defined in the Sale Agreement) · asset sale · approved
  • Stalking horse Subscribers
PDF · Subscribers
Endorsement of Justice Hainey dated March 16, 2021PDF · Subscribers
Motion Record of the Receiver returnable March 16, 2021PDF · Subscribers
Book of Authorities of the Receiver dated March 11, 2021PDF · Subscribers
Factum of the Receiver dated March 11, 2021
  • Counsel Bennett Jones LLP
PDF · Subscribers
Fifth Report of the Receiver dated March 9, 2021PDF · Subscribers
Service List as at February 22, 2021
  • Counsel McMillan LLP
PDF · Subscribers
Court Order re Bidding Procedures and Stalking Horse APA Approval dated January 6, 2021
  • Bid deadline 4 February 2021
  • Presiding officer Justice Hainey
  • Purchaser Avina Acquisition Corp. (stalking horse) · the Purchased Assets pursuant to the Stalking Horse APA · asset sale · proposed
  • Sale outcome Sale process approved — Bidding procedures approved and stalking horse bid approved for purposes of the sale process; vesting to be considered on a subsequent motion.
  • + 1 more extracted fact
PDF · Subscribers
Endorsement of Justice Hainey dated January 6, 2021
  • Presiding officer Justice Hainey
PDF · Subscribers
Motion Record of the Receiver returnable January 6, 2021PDF · Subscribers
Fourth Report of the Receiver dated December 22, 2020
  • Closing confirmed Closed · 31 Dec 2020
  • Purchaser purchaser(s) under sale of PWH hockey franchise business and assets, unnamed · PWH's hockey franchise which operates in the Western Hockey League · asset sale · closed; Avina Acquisition Corp. (stalking horse) · the Companies' interest in the Investments, other than Audible's interests in Orla Mining Ltd. (collectively, the 'Purchased Assets') · asset sale · proposed
  • Sale outcome Sale process approved — Sale Process for the Purchased Assets (Investments) proposed with Avina as stalking horse, subject to Court approval
  • Stalking horse Subscribers
PDF · Subscribers
US Sale Order dated December 18, 2020
  • Closing terms Closing subject to repayment of BofA Note; assignment of Assigned Contracts upon Closing
  • Order date 18 December 2020
  • Purchaser Winterhawks Hockey, LLC, Winterhawks Ice Center, LLC, and Winterhawks Youth Hockey, LLC · nominee/assignee assignees of Winterhawks Sports Group LLC · substantially all of the Debtors' U.S. assets · asset sale · approved
  • Sale outcome Sale approved — Sale of substantially all of the Debtors' U.S. assets approved and recognized
  • + 1 more extracted fact
PDF · Subscribers
Ancillary Order dated December 16 2020
  • Presiding officer Justice Hainey
PDF · Subscribers
Approval and Vesting Order dated December 16 2020
  • Closing terms Vesting is effective upon delivery of the Receiver's Certificate confirming payment of purchase price and satisfaction of closing conditions
  • Order date 16 December 2020
  • Purchaser Winterhawks Sports Group LLC · nominee/assignee Winterhawks Hockey, LLC, Winterhawks Ice Center, LLC, and Winterhawks Youth Hockey, LLC · all 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 · approved
  • Stalking horse Subscribers
PDF · Subscribers
Endorsement of Justice Hainey dated December 16, 2020
  • Presiding officer Justice Hainey
PDF · Subscribers
Motion Record of the Receiver returnable December 16, 2020
PDF · Subscribers
Book of Authorities of the Receiver dated December 14, 2020PDF · Subscribers
Factum of the Receiver dated December 14, 2020
  • Counsel Bennett Jones LLP
PDF · Subscribers
Third Report of the Receiver dated December 9, 2020
  • Process results 34 NDAs · 6 bids · as of 30 Jun 2020
  • Purchaser Winterhawks Sports Group LLC · nominee/assignee Winterhawks Hockey, LLC, Winterhawks Ice Center, LLC and Winterhawks Youth Hockey, LLC · substantially all of the Winterhawks' business and assets · asset sale · proposed
  • Sale advisor 2056684 Alberta Ltd (listing broker)
  • Fee schedule Subscribers
  • + 2 more extracted facts
PDF · Subscribers
Court Order dated September 28, 2020
  • Presiding officer Justice Hainey
PDF · Subscribers
Motion Record of the Receiver returnable September 28, 2020PDF · Subscribers
Second Report of the Receiver dated September 21, 2020
  • Sale outcome Liquidation in progress — Multiple offers were submitted in the Sale Process, all containing diligence conditions not yet satisfied
  • Stalking horse Subscribers
PDF · Subscribers
Court Order re Sale Process and Lausanne Transaction Approval Order dated June 2, 2020
  • Presiding officer Justice Hainey
  • Purchaser purchaser of the Winterhawks under the Lausanne Transaction, unnamed · the Lausanne Transaction and the Distribution in respect thereof · asset sale · approved
  • Sale outcome Sale approved — The Sale Process as described in the First Report is approved, and the Lausanne Transaction and Distribution approved nunc pro tunc to May 9, 2020
  • Break fee Subscribers
  • + 1 more extracted fact
PDF · Subscribers
Endorsement of Justice Hainey dated June 2, 2020PDF · Subscribers
Book of Authorities of the Receiver dated May 26, 2020
  • Recovery outcome Entries: per estimated; per unstated · Table missing:
PDF · Subscribers
Factum of the Receiver dated May 26, 2020
  • Counsel Bennett Jones LLP
PDF · Subscribers
First Report of the Receiver dated May 26, 2020
  • Closing confirmed Closed · 9 May 2020 · Petr Svobda, Gregory Finger and Zdenek Bakala
  • Purchaser Petr Svobda, Gregory Finger and Zdenek Bakala · the shares of SEC and certain loans (totalling approximately $20 million) owing to Audible by SEC · share sale · closed
  • Sale advisor Ken Stickney (sale agent)
  • Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Motion Record of the Receiver dated May 26, 2020PDF · Subscribers
Endorsement of Justice Hainey dated May 7, 2020PDF · Subscribers
Provisional Order dated May 7, 2020PDF · Subscribers
Receivership Order dated May 7, 2020
  • Applicant BRIDGING FINANCE INC. AS AGENT
  • Appointee KSV Kofman Inc.
  • Appointee role Receiver
  • Commencement date 7 May 2020
  • + 5 more extracted facts
PDF · Subscribers
Application returnable May 6, 2020
  • Applicant BRIDGING FINANCE INC., AS AGENT
  • Appointee KSV Kofman Inc.
  • Appointee role Receiver
  • Commencement date 28 April 2020
  • + 2 more extracted facts
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

Sources last checked · summary updated 19 August 2026 · Report a correction · Printed from proceedings.ca/case/audible-capital-corp

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.