Proceedings.

AutoCanada v. Mirbach - Receiver of Disputed Vehicles

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Active
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
Filings held56
Last activity5 Mar 2019
On the record3,024 days
Secured debt$22.3M
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 Alberta4 orders, Sep 2018 – Feb 201920 cases on record

Counsel of record

PartyCounselFirst seenSource
ReceiverPwCMiller Thomson LLP24 Sep 2018Order · 24 Sep 2018
DebtorAutoCanada v. Mirbach - Receiver of Disputed VehiclesBorden Ladner Gervais LLP24 Sep 2018Order · 24 Sep 2018
CreditorATB FinancialBorden Ladner Gervais LLP24 Sep 2018Order · 24 Sep 2018
CreditorAutomotive Finance Canada IncReynolds Mirth Richards & Farmer LLP24 Sep 2018Order · 24 Sep 2018
Capital structureAs asserted in the filings
stated amounts, drawn to scale
Priority classCreditorAmountSource
SecuredATB Financial · in 56 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
SecuredPwC (Receiver) and its legal counsel (Miller Thomson LLP) · in 6 casesCourt-ordered charge under paragraph 13 of the Receivership Order, limited to $250,000, as security for Receiver's and counsel's fees and disbursements — Receiver's charge/priority lien, not a third-party secured claim — debtor: Vehicles (or proceeds therefrom) in the AutoCanada Action$250KReceiver's First Report to the Court dated October 2, 2018

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 sale$15.3KApproved24 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, 2019PDF
Order re: Redaction of Records Approval pronounced March 5, 2019PDF
Application by Josh Davis filed February 26, 2019PDF
Affidavit of Josh Davis sworn February 22, 2019 (without exhibits – exhibits on DMS)PDF
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
PDF
ApplicationPDF
Third Report to the Court dated January 31, 2019
  • Report date 31 January 2019
  • Report no Third Report
PDF
Order re: disclosure of records filed January 23, 2019PDF
Order re: additional vehicle pronounced December 18, 2018PDF
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
PDF
Application filed December 11, 2018PDF
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.
  • Report date 11 December 2018
  • Report no Second Report
PDF
Consent Order re: Examination of G. Rasmussen and GRR Leasing pronounced October 17, 2018
  • Presiding officer Justice K.G. Nielsen
PDF
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
  • Order date 5 October 2018
  • Purchaser end purchasers of Vehicles at auction, unnamed · the Vehicles · auction · approved
  • Sale advisor ADESA Edmonton (auctioneer)
  • + 1 more extracted fact
PDF
Consent Order re: Undertakings and Examination of G. Rasmussen and GRR Leasing pronounced October 5, 2018PDF
Receiver's First Report to the Court dated October 2, 2018
  • Secured creditors $250K · Note: Receiver's charge/priority lien, not a third-party secured claim · Page: 13 · Debtor: Vehicles (or proceeds therefrom) in the AutoCanada Action · Creditor: PwC (Receiver) and its legal counsel (Miller Thomson LLP) · Security: Court-ordered charge under paragraph 13 of the Receivership Order, limited to $250,000, as security for Receiver's and counsel's fees and disbursements
PDF
Application re: Varying Auction OrderPDF
Order Staying Auction Order pronounced September 28, 2018
  • Order date 28 September 2018
PDF
Order re: proceeds of sale
  • Order date 24 September 2018
  • Purchaser Ms. Old Crow and Mr. Prairie Chicken · the 2013 Ford Edge VIN 2FMDK3J91DBA98773 (the "Vehicle") · asset sale · $15.3K · approved
PDF
Auction Order pronounced September 24, 2018
  • Counsel Borden Ladnergervaisllp
  • 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
PDF
Application by the Receiver August 28, 2018PDF
Order pronounced August 2, 2018PDF
Certificate of Non-Appearance – Calvin Mirbach July 24, 2018PDF
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
Extension of Initial Sales Period Order
  • Outside date 12 September 2018
PDF
Order to compel personal information of employees granted July 13, 2018
  • Presiding officer Justice J.J. Gill
PDF
Affidavit of Lee Dixon filed June 27, 2018PDF
Consent Order re Sales Process filed June 13, 2018PDF
Counter Claim filed June 13, 2018PDF
Statement of Defence filed June 13, 2018PDF
Receivership Order - Disputed Vehicles
  • Applicant AutoCanada Capital Motors GP Inc.
  • Appointee PricewaterhouseCoopers Inc.
  • Appointee role Receiver
  • Court COURT OF QUEEN'S BENCH OF ALBERTA
  • + 2 more extracted facts
PDF
Order pronounced on June 6, 2018PDF
Affidavit of Gregory Rasmussen - Filed May 25, 2018PDF
Affidavit of Calvin Mirback sworn on May 18, 2018PDF
Amended Amended Statement of Claim - Filed May 18, 2018PDF
Preservation Order (May 18, 2018) - Filed May 18, 2018PDF
Affidavit of Calvin Mirbach sworn on May 17, 2018PDF
Affidavit of Calvin Mirbach sworn on May 17, 2018 Vol 2PDF
Affidavit of Adam Shtay - Filed May 16, 2018PDF
Affidavit of Calvin Mirbach - Filed May 16, 2018PDF
Affidavit of Gregory Rasmussen (part 2 of 2) - Filed May 16, 2018PDF
Affidavit of Lee Dixon - Filed May 15, 2018PDF
Application for Appointment of Receiver - Filed May 15, 2018PDF
Affidavit of Dawn Walby-Parchoma - Filed May 11, 2018PDF
Amended Statement of ClaimPDF
Preservation Order (May 10, 2018) - Filed May 18, 2018PDF
Affidavit of Adam Shtay sworn on May 9, 2018PDF
Affidavit of Lee Dixon sworn May 9, 2018PDF
Application by 1406386 Alberta Ltd. o/a Auto City and Auto City Edmonton, 1513144 Alberta and Crossline ConsultingPDF
Application by 2016543 Alberta, 2016543 Alberta cob as Canuck Auto and Flawless IntegrityPDF
Affidavit of Mahmoud Shaben, Affirmed May 8, 2018PDF
Application by the Plaintiff filed May 7, 2018PDF
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
Affidavit of Lee Dixon sworn May 6, 2018 Vol 1PDF
Affidavit of Lee Dixon sworn May 6, 2018 Vol 2PDF
Affidavit of Lee Dixon sworn May 6, 2018 Vol 3PDF

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

CiteProceedings., “AutoCanada v. Mirbach - Receiver of Disputed Vehicles” (Receivership (court-appointed)), Court of King's Bench of Alberta. Retrieved 20 September 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.