Proceedings.

AutoCanada v. Mirbach - Receiver of Disputed Vehicles

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Proceeding
Receivership (court-appointed)section 13(2) of the Judicature Act, R.S.A. 2000, c J-2
Court
Court of King's Bench of Alberta
File
1803-09167
Industry
Retail · Vehicle dealers
Filings held56
Last activity5 Mar 2019
On the record3,069 days
Secured debtSubscribers
OverviewSummary updated

AutoCanada's action against Mirbach remains active in the Court of King's Bench of Alberta, where a receiver was appointed over disputed vehicles on June 11, 2018 under BIA s. 243 and provincial Judicature Act authority. PricewaterhouseCoopers acts as receiver, with Miller Thomson LLP as its counsel; paragraph 13 of the Receivership Order grants the two a charge capped at $250,000 over the vehicles in the AutoCanada Action, or their proceeds, as security for fees and disbursements. In the related Crossline receivership, ATB Financial is owed approximately $22.3 million by the Crossline group of Alberta companies, comprising an operating line facility and three term loan facilities, secured by serial number registrations at the Alberta Personal Property Registry against various Crossline vehicles.

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Case updates56 dated entries
#Report

The officer filed report no. Second Report. The Receiver reports on the sale of disputed vehicles previously in Capital Jeep's possession under prior Sales Process Orders and is seeking a further order to allow it to hold net sale proceeds in lieu of vehicles still held by or sold through third-party dealers, while continuing its investigation of claims against the vehicles.

Source: Second Report to the Court filed December 11, 2018

Parties

Debtor

AutoCanada v. Mirbach - Receiver of Disputed Vehicles

Receiver

PwC

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice NielsenCourt of King's Bench of Alberta12 orders, Sep 2018 – Mar 201931 cases on record
Justice GillCourt of King's Bench of Alberta2 orders, Jul 201853 cases on record
Justice TopolniskiCourt of King's Bench of Alberta2 orders, May 2018 – Jun 201822 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverPwCMiller Thomson LLP · Reynolds Mirth Richards & Farmer LLP24 Sep 2018Order · 5 Oct 2018
DebtorAutoCanada v. Mirbach - Receiver of Disputed VehiclesBorden Ladner Gervais LLP · Weir Bowen LLP24 Sep 2018Order · 23 Jan 2019
Creditor1826431 Alberta LtdMcLennan Ross LLP23 Jan 2019Order · 23 Jan 2019
Creditor1978956 Alberta Ltd. 1406386 Alberta Ltd. 1599068 Alberta Ltd. Crossline Consulting Ltd. Crossline Truck & Auto Sales Ltd. Mahmoud ShabenOgilvie LLP23 Jan 2019Order · 23 Jan 2019
Creditor20167543 Alberta Ltd. c / o / b as Canuck Auto and Flawless Integrity Ltd. Adam ShtayDentons Canada LLP23 Jan 2019Order · 23 Jan 2019
CreditorAdrian Ramlal Jennifer London Sean Bendle Jeremy HamiltonSmith Thompson Law LLP26 Feb 2019Application · 26 Feb 2019
CreditorATB FinancialDentons Canada LLP · Borden Ladner Gervais LLP24 Sep 2018Order · 23 Jan 2019
CreditorAutomotive Finance CanadaReynolds Mirth Richards & Farmer LLP23 Jan 2019Order · 23 Jan 2019
CreditorAutomotive Finance Canada IncReynolds Mirth Richards & Farmer LLP · Borden Ladner Gervais LLP · McLennan Ross LLP13 Jun 2018Application · 28 Sep 2018
CreditorCalvin Mirbach / 2075868 Alberta LtdChapman Riebeek LLP23 Jan 2019Order · 23 Jan 2019
CreditorCALVIN MIRBACH AND 2075868 ALBERTA LTDMcLennan Ross LLP13 Jun 2018Order · 13 Jun 2018
CreditorFLAWLESS INTEGRITY LTDReynolds Mirth Richards & Farmer LLP · Miller Thomson LLP · McLennan Ross LLP13 Jun 2018Order · 5 Oct 2018
CreditorGoAutoDentons Canada LLP23 Jan 2019Order · 23 Jan 2019
CreditorInnisfail ChryslerWalsh Wilkins Creighton LLP23 Jan 2019Order · 23 Jan 2019
CreditorJennifer London Adrian RamlalSmith Thompson Law LLP23 Jan 2019Order · 23 Jan 2019
CreditorJosh DavisDLA Piper (Canada) LLP23 Jan 2019Order · 23 Jan 2019
CreditorJoshua DavisDentons Canada LLP5 Mar 2019Order · 5 Mar 2019
CreditorKelowna KiaEmery Jamieson LLP23 Jan 2019Order · 23 Jan 2019
CreditorScotiabank / Scotia Dealer AdvantageMLT Aikins LLP26 Feb 2019Application · 26 Feb 2019
CreditorTrucksport IncFric, Lowenstein & Co. LLP23 Jan 2019Order · 23 Jan 2019
CreditorVernon Pierson operating as VP Auto BrokerageRmrf LLP23 Jan 2019Order · 23 Jan 2019
CreditorZender Ford Sales LtdMain Street Law LLP23 Jan 2019Order · 23 Jan 2019
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
Priority classCreditorAmountSource
SecuredATB Financial · in 59 casesSerial number registrations at the Alberta Personal Property Registry against various Crossline vehicles; comprised of amounts due on an operating line facility and three term loan facilities — Approximate figure as stated in report ('owed approximately $22.3 million'); relates to related Crossline receivership proceeding, not Capital Jeep/AutoCanada Action directly — debtor: Crossline (1978956 Alberta Ltd., 1406386 Alberta Ltd., 1599068 Alberta Ltd., Crossline Consulting Ltd., Crossline Truck & Auto Sales Ltd.)$22.3MReceiver's First Report to the Court dated October 2, 2018
Secured

1 more claim in 1 class The stack holds Secured claims.

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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.

Sale processAs stated in the filings

2 transactions · 2 approved — The Receiver may approve the sale of any Vehicle, on request of the seller of the VehicleOrder re: sales protocol pronounced December 18, 2018 · 18 Dec 2018

PurchaserPriceStatusSource
Ms. Old Crow and Mr. Prairie Chickenthe 2013 Ford Edge VIN 2FMDK3J91DBA98773 (the "Vehicle") · asset saleSubscribersApproved24 Sep 2018Order re: proceeds of sale
end purchasers of Vehicles at auction, unnamedthe Vehicles · auctionnot statedApproved5 Oct 2018outside 12 Sep 2018Consent Order re: Sales Protocol pronounced…
AdvisorsADESA Edmonton (auctioneer)Consent Order re: Sales Protocol pronounced October 5, 2018
Closing termsFramework for Receiver-approved vehicle sales to arm's length bona fide purchasers, with net proceeds held in trustOrder re: Sales Protocol pronounced February 13, 2019
Documents
56 filings
DateDocumentFile
Order re: Limited Davis Redactions Approval pronounced March 5, 2019
  • Counsel Reynolds Mirth Richards & Farmer LLP
  • Presiding officer Justice K.G. Nielsen
PDF · Subscribers
Order re: Redaction of Records Approval pronounced March 5, 2019
  • Presiding officer Justice K.G. Nielsen
PDF · Subscribers
Application by Josh Davis filed February 26, 2019
  • Counsel DLA Piper (Canada) LLP
PDF · Subscribers
Affidavit of Josh Davis sworn February 22, 2019 (without exhibits – exhibits on DMS)PDF · Subscribers
Order re: Sales Protocol pronounced February 13, 2019
  • Closing terms Framework for Receiver-approved vehicle sales to arm's length bona fide purchasers, with net proceeds held in trust
  • Order date 13 February 2019
  • Presiding officer Justice K.G. Nielsen
  • Stalking horse Subscribers
PDF · Subscribers
ApplicationPDF · Subscribers
Third Report to the Court dated January 31, 2019
  • Cash on hand · Disbursements · Financial position · Professional fees Subscribers
  • + 3 more extracted facts
PDF · Subscribers
Order re: disclosure of records filed January 23, 2019
  • Counsel Chapman Riebeek LLP
  • Presiding officer Justice S.D. Hiller
PDF · Subscribers
Order re: additional vehicle pronounced December 18, 2018
  • Presiding officer Justice K.G. Nielsen
PDF · Subscribers
Order re: sales protocol pronounced December 18, 2018
  • Order date 18 December 2018
  • Presiding officer Justice K.G. Nielsen
  • Sale outcome Sale process approved — The Receiver may approve the sale of any Vehicle, on request of the seller of the Vehicle
  • Stalking horse Subscribers
PDF · Subscribers
Application filed December 11, 2018PDF · Subscribers
Second Report to the Court filed December 11, 2018
  • Operational summary The Receiver reports on the sale of disputed vehicles previously in Capital Jeep's possession under prior Sales Process Orders and is seeking a further order to allow it to hold net sale proceeds in lieu of vehicles still held by or sold through third-party dealers, while continuing its investigation of claims against the vehicles.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Consent Order re: Examination of G. Rasmussen and GRR Leasing pronounced October 17, 2018
  • Presiding officer Justice K.G. Nielsen
PDF · Subscribers
Consent Order re: Sales Protocol pronounced October 5, 2018
  • Closing terms Vehicles sold at auction with reserve at 95% of Guidebook Value; net proceeds held in trust by Receiver pending court order for distribution
  • Counsel Reynolds Mirth Richards & Farmer LLP
  • Order date 5 October 2018
  • Presiding officer Justice K. G. Nielsen
  • + 4 more extracted facts
PDF · Subscribers
Consent Order re: Undertakings and Examination of G. Rasmussen and GRR Leasing pronounced October 5, 2018
  • Presiding officer Justice K.G. Nielsen
PDF · Subscribers
Receiver's First Report to the Court dated October 2, 2018
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Application re: Varying Auction Order
  • Counsel Borden Ladnergervais LLP
  • Presiding officer Justice K.G. Nielsen
PDF · Subscribers
Order Staying Auction Order pronounced September 28, 2018
  • Order date 28 September 2018
  • Presiding officer Justice K. G. Nielsen
  • Stalking horse Subscribers
PDF · Subscribers
Order re: proceeds of sale
  • Order date 24 September 2018
  • Presiding officer Justice K.G. Nielsen
  • Purchaser Ms. Old Crow and Mr. Prairie Chicken · the 2013 Ford Edge VIN 2FMDK3J91DBA98773 (the "Vehicle") · asset sale · approved
  • Stalking horse Subscribers
PDF · Subscribers
Auction Order pronounced September 24, 2018
  • Counsel Miller Thomson LLP
  • Order date 24 September 2018
  • Presiding officer Justice K. G. Nielsen
  • Sale outcome Liquidation in progress — extension of the Initial Sales Period and delivery of unsold Vehicles to ADESA for auction
  • + 1 more extracted fact
PDF · Subscribers
Application by the Receiver August 28, 2018PDF · Subscribers
Order pronounced August 2, 2018PDF · Subscribers
Certificate of Non-Appearance – Calvin Mirbach July 24, 2018PDF · Subscribers
Document Name: Amended Receivership Order - Disputed Vehicles
  • Applicant AutoCanada Capital Motors GP Inc.
  • Appointee PricewaterhouseCoopers Inc.
  • Appointee role Receiver
  • Commencement date 13 June 2018
  • + 3 more extracted facts
PDF · Subscribers
Extension of Initial Sales Period Order
  • Outside date 12 September 2018
  • Presiding officer Justice J.J. Gill
  • Stalking horse Subscribers
PDF · Subscribers
Order to compel personal information of employees granted July 13, 2018
  • Presiding officer Justice J.J. Gill
PDF · Subscribers
Affidavit of Lee Dixon filed June 27, 2018PDF · Subscribers
Consent Order re Sales Process filed June 13, 2018
PDF · Subscribers
Counter Claim filed June 13, 2018PDF · Subscribers
Statement of Defence filed June 13, 2018PDF · Subscribers
Receivership Order - Disputed Vehicles
  • Applicant AutoCanada Capital Motors GP Inc.
  • Appointee PricewaterhouseCoopers Inc.
  • Appointee role Receiver
  • Court COURT OF QUEEN'S BENCH OF ALBERTA
  • + 3 more extracted facts
PDF · Subscribers
Order pronounced on June 6, 2018PDF · Subscribers
Affidavit of Gregory Rasmussen - Filed May 25, 2018PDF · Subscribers
Affidavit of Calvin Mirback sworn on May 18, 2018PDF · Subscribers
Amended Amended Statement of Claim - Filed May 18, 2018PDF · Subscribers
Preservation Order (May 18, 2018) - Filed May 18, 2018
  • Presiding officer Justice Topolniski
PDF · Subscribers
Affidavit of Calvin Mirbach sworn on May 17, 2018PDF · Subscribers
Affidavit of Calvin Mirbach sworn on May 17, 2018 Vol 2PDF · Subscribers
Affidavit of Adam Shtay - Filed May 16, 2018PDF · Subscribers
Affidavit of Calvin Mirbach - Filed May 16, 2018PDF · Subscribers
Affidavit of Gregory Rasmussen (part 2 of 2) - Filed May 16, 2018PDF · Subscribers
Affidavit of Lee Dixon - Filed May 15, 2018PDF · Subscribers
Application for Appointment of Receiver - Filed May 15, 2018PDF · Subscribers
Affidavit of Dawn Walby-Parchoma - Filed May 11, 2018PDF · Subscribers
Amended Statement of ClaimPDF · Subscribers
Preservation Order (May 10, 2018) - Filed May 18, 2018PDF · Subscribers
Affidavit of Adam Shtay sworn on May 9, 2018PDF · Subscribers
Affidavit of Lee Dixon sworn May 9, 2018PDF · Subscribers
Application by 1406386 Alberta Ltd. o/a Auto City and Auto City Edmonton, 1513144 Alberta and Crossline ConsultingPDF · Subscribers
Application by 2016543 Alberta, 2016543 Alberta cob as Canuck Auto and Flawless IntegrityPDF · Subscribers
Affidavit of Mahmoud Shaben, Affirmed May 8, 2018PDF · Subscribers
Application by the Plaintiff filed May 7, 2018PDF · Subscribers
Statement of Claim filed May 7, 2018
  • Applicant AutoCanada Capital Motors GP Inc.
  • Commencement date 7 May 2018
  • Court COURT OF QUEEN'S BENCH OF ALBERTA
  • Court file no 1803 09167
PDF · Subscribers
Affidavit of Lee Dixon sworn May 6, 2018 Vol 1PDF · Subscribers
Affidavit of Lee Dixon sworn May 6, 2018 Vol 2PDF · Subscribers
Affidavit of Lee Dixon sworn May 6, 2018 Vol 3PDF · Subscribers

Filing titles and dates are public, and so is each filing's own page. The figures read from them are for subscribers.

CiteProceedings., “AutoCanada v. Mirbach - Receiver of Disputed Vehicles” (Receivership (court-appointed)), Court of King's Bench of Alberta. Retrieved 4 November 2026, https://proceedings.ca/case/autocanada-v-mirbach-receiver-of-disputed-vehicles

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Sources last checked · summary updated 5 September 2026 · Report a correction · Printed from proceedings.ca/case/autocanada-v-mirbach-receiver-of-disputed-vehicles

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.