CanWest Aerospace Inc.
- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985 c. C-36 as amended
- File
- S-230764
- Industry
- Manufacturing · Vehicles, parts & aerospace
CanWest Aerospace Inc. obtained an initial order under the Companies' Creditors Arrangement Act on March 8, 2023 from the Supreme Court of British Columbia, filed as court file no. S-231354, on the application of Canwest Aerospace Inc. and Canwest Global Airparts Inc. FTI Consulting Canada Inc. was appointed Monitor. A creditor listing as at March 8, 2023 shows secured claims of $3,896,004 owing to Royal Bank of Canada and $156,287 to Business Development Bank of Canada. Unsecured claims recorded on the same date are led by Tara Lundy at $605,548, Tom Jackson at $294,288, Mark McCooey at $217,990, Zara Trading at $95,640 and Mark McCooey and Don Arney jointly at $93,156, alongside a wide field of aerospace suppliers, tax authorities, professional advisors and utilities. The proceedings remain active.
A claims procedure has been established — see the order for deadlines.
Per the Claims Order Process dated 5 May 2023.
The officer filed report no. Eighth Report. The Petitioners' business was sold pursuant to a court-approved SPA, but the purchaser failed to close; RBC then obtained appointment of a receiver, which has since closed a sale of the Petitioners' assets and is seeking a distribution order and its discharge.
Source: Eighth Report of the Monitor
The court appointed Deloitte Restructuring Inc. as Receiver and Receiver and Manager, on the application of Royal Bank of Canada. Court file S-230764.
Source: Receivership Order
The court granted an approval and vesting order for the sale to MAR ONE Aviation, L.L.C. Closing terms, as extracted: Vesting occurs upon delivery by the Monitor to the Purchaser of the Monitor's Certificate confirming completion of the Share Purchase Transaction.
Source: Approval and Vesting Order
The officer filed report no. Seventh Report. CanWest continues limited operations amid ongoing disruption from missing inventory/equipment stolen from its former Langley premises, which has hurt revenues and liquidity; the company is pursuing closing of a share purchase agreement and implementation of a plan of arrangement.
Source: Seventh Report of the Monitor
The officer filed report no. Sixth Report. The report covers a creditor meeting held to vote on the Plan of Compromise and Arrangement, which was accepted by both secured and unsecured creditor classes; the Monitor now recommends Court approval of the Plan.
Source: Sixth Report of the Monitor
First Amended and Restated Plan of Compromise and Arrangement — Plan of arrangement / compromise
The officer filed report no. Fifth Report. The Petitioners vacated the Langley Premises by May 31, 2023 amid disruptions from theft-affected inventory and relocation, negatively impacting sales and cash flow, while continuing limited operations and pursuing an Amended Plan of compromise with creditors.
Source: Fifth Report of the Monitor
Notice of Creditors Meeting, Meeting Protocol, Proxy, and Plan Resolution — Meeting materials
The officer filed report no. Supplement to the Fourth Report of the Monitor. The Monitor provided a revised cash flow forecast for CanWest covering May 1 to June 25, 2023, reflecting continued orderly liquidation of inventory and parts sales.
The officer filed report no. Fourth Report. The Petitioners continue limited operations amid a dispute over access to their Langley premise and parts inventory, while pursuing a share purchase sale to MAR ONE Aviation and a plan of arrangement to distribute proceeds to creditors.
Source: Fourth Report of the Monitor
The officer filed report no. Third Report. CanWest continues limited operations amid a compressed sale process, facing disruption from a landlord dispute over its Langley hangar, resource constraints, and sales falling well short of forecast, while pursuing a share sale to MAR ONE Aviation.
Source: Third Report of the Monitor
The officer filed report no. Second Report of the Monitor. The Petitioners' Langley hangar was locked out by the landlord and its electronic file server disabled, temporarily impairing operations and access to financial records, while limited work continues at the Abbotsford facility; the Monitor views this combined with a negative cash flow variance as a material adverse change.
Source: Second Report of the Monitor
The officer filed report no. First Report. The Petitioners continue limited operations focused on completing work-in-progress and certain Bangladesh contracts to generate cash for RBC, with tightened credit terms, no updated inventory count, and management under significant strain, while pursuing a sale and investment solicitation process and a stay extension.
Source: First Report of the Monitor
Initial order granted to Canwest Aerospace Inc. and Canwest Global Airparts Inc. under the CCAA, appointing FTI Consulting Canada Inc. as Monitor.
Source: Initial Order
Guide
What to do when a company that owes you money goes bankrupt in Canada
When a Canadian company that owes you money goes bankrupt or into creditor protection, what you actually get back is usually a fraction of the debt, often nothing, and only if your claim is in on time. How to find the case, file a claim, meet a bar date, vote on a plan, take back goods and get paid, drawn from the court record.
Debtor
CanWest Aerospace Inc.
Monitor
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Gomery | Supreme Court of British Columbia | 6 orders, Mar 2023 – Aug 2023 | 7 cases on record |
| Justice Fitzpatrick | Supreme Court of British Columbia | 6 orders, May 2023 | 60 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorFTI | DLA Piper (Canada) LLP | 17 May 2023 | Service list · 17 May 2023 |
| ApplicantCanWest Aerospace Inc. | Clark Wilson LLP | 17 May 2023 | Service list · 17 May 2023 |
| CreditorBusiness Development Bank of Canada | Kornfeld LLP | 17 May 2023 | Service list · 17 May 2023 |
| CreditorHelo Investments Ltd | Clark Wilson LLP | 9 May 2023 | Order · 9 May 2023 |
| CreditorRoyal Bank of Canada | Dentons Canada LLP | 17 May 2023 | Service list · 17 May 2023 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Royal Bank of Canada · in 584 casesFrom Creditor Listing as at March 8, 2023; security details not specified in this document. — debtor: CanWest Aerospace Inc. and Can West Global Airparts Inc. · as of 8 Mar 2023 | $3.9M | Creditor List |
| 4 | Secured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
97 more claims in 2 classes The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plans2 transactions · 1 not completed · 1 closed — Original SPA purchaser failed to close; receiver appointed and has now closed a sale of the Petitioners' assetsEighth Report of the Monitor · 13 Dec 2024
| Purchaser | Price | Status | Source |
|---|---|---|---|
| MAR ONE Aviation, L.L.C.Purchased Assets described in the Share Purchase Agreement · share sale · agreement 23 Apr 2023 | Subscribers | Not completeddate not stated | Eighth Report of the Monitor |
| purchaser of the Petitioners' assets in the receiver's sale, unnamedthe Petitioners' assets · asset sale | not stated | Closeddate not stated | Eighth Report of the Monitor |
Unsecured creditors: a distribution. Crown paid in full · BDC a distribution · Royal Bank of Canada short.EstimatedSixth Report of the Monitor · 16 Jun 2023
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trust | Crown | — | paid in full | Under the plansanctionedper the debtor | Plan of Compromise and Arrangement · 4 May 2023 |
| Secured | — | — | a distributionconditional | Under the plansanctionedper the debtor | Plan of Compromise and Arrangement · 4 May 2023 |
| Secured | BDC | — | Under the plansanctionedper the monitor | Monitor's Report on the Proposal · 16 Jun 2023 | |
| Secured | Royal Bank of Canada | listed | short by | — | Sixth Report of the Monitor · 16 Jun 2023 |
| Unsecured | — | — | of proven claims | Estimatedper the monitor | Sixth Report of the Monitor · 16 Jun 2023 |
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.
4 blurred figures above
The claims and what each class or creditor recovers — each as the filing states it, with its source.
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See all plans8 engagements · 4 firms — latest: DLA Piper (Canada) LLP, 16 Mar 2023 – 31 Aug 2024, in feesAffidavit #1 of Dannis Yang · 13 Dec 2024
| Firm | Period | Hours | Fees | Rates | Source | |||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Clark Wilson LLPCounsel to the debtor | — | — | not stated | Affidavit #1 of Colin Brousson · 13 Dec 2024 | ||||||||||||||||||||||||||||||||||||
| DLA Piper (Canada) LLPCounsel to the monitorperiod 2 of 2 | 16 Mar 2023 – 31 Aug 2024 | 4 people | Affidavit #1 of Dannis Yang · 13 Dec 2024 | |||||||||||||||||||||||||||||||||||||
| DLA Piper (Canada) LLPCounsel to the monitorperiod 1 of 2 | 16 Mar 2023 – 31 May 2024 | 3 people | Affidavit #1 of Colin Brousson · 13 Dec 2024 | |||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 4 of 4 | 1 Mar 2023 – 30 Jun 2024 | not stated | Eighth Report of the Monitor · 13 Dec 2024 | |||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 3 of 4 | to 30 Apr 2023 | 3 people | Eighth Report of the Monitor · 13 Dec 2024 | |||||||||||||||||||||||||||||||||||||
3 people — FTI Consulting Canada Inc., to 30 Apr 2023 · 9 blurred figures
| ||||||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 2 of 4 | to 31 Mar 2023 | 5 people | Eighth Report of the Monitor · 13 Dec 2024 | |||||||||||||||||||||||||||||||||||||
5 people — FTI Consulting Canada Inc., to 31 Mar 2023 · 17 blurred figures
| ||||||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 1 of 4 | — | — | not stated | Affidavit #1 of Colin Brousson · 13 Dec 2024 | ||||||||||||||||||||||||||||||||||||
| Monitor's legal counselCounsel to the monitorfirm not named in the heading | 1 Mar 2023 – 30 Jun 2024 | — | not stated | Eighth Report of the Monitor · 13 Dec 2024 | ||||||||||||||||||||||||||||||||||||
59 blurred figures above
What each firm billed, and each person’s hours and rate — each as the filing states it, with its source.
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See all plansCash on hand
$14K
As at 2 Jul 2023Seventh Report of the Monitor
Professional fees
As at
1 more reported figure
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
| Order | PDF · Subscribers | |
Affidavit #1 of Colin Brousson
| PDF · Subscribers | |
Affidavit #1 of Dannis Yang
| PDF · Subscribers | |
Eighth Report of the Monitor
| PDF · Subscribers | |
| Notice of Application | PDF · Subscribers | |
Receivership Order
| PDF · Subscribers | |
| Affidavit #3 of Mark Kemp-Gee | PDF · Subscribers | |
| Requisition to re-set hearing to August 29, 2023 | PDF · Subscribers | |
Approval and Vesting Order
| PDF · Subscribers | |
Seventh Report of the Monitor
| PDF · Subscribers | |
Sixth Report of the Monitor
| PDF · Subscribers | |
| First Amended and Restated Plan of Compromise and Arrangement | PDF · Subscribers | |
| Stay Extension Order | PDF · Subscribers | |
Fifth Report of the Monitor
| PDF · Subscribers | |
Monitor's Report on the Proposal
| PDF · Subscribers | |
Notice of Creditors Meeting, Meeting Protocol, Proxy, and Plan Resolution
| PDF · Subscribers | |
Notice to Creditors - CWA re meeting postponement June 15, 2023
| PDF · Subscribers | |
Notice to Creditors - CWA re meeting postponement
| PDF · Subscribers | |
| Sanction Order | PDF · Subscribers | |
Service List
| PDF · Subscribers | |
| Affidavit #5 of Thomas Jackson | PDF · Subscribers | |
Order (Access to Langley Premises)
| PDF · Subscribers | |
| Order (Return of Property) | PDF · Subscribers | |
Order for Increase in the Administration Charge
| PDF · Subscribers | |
| Claims Instruction Letter | PDF · Subscribers | |
Claims Order Process
| PDF · Subscribers | |
Claims Process Notice
| PDF · Subscribers | |
| Notice of Dispute | PDF · Subscribers | |
| Notice of Revision or Disallowance | PDF · Subscribers | |
| Proof of Claim Form | PDF · Subscribers | |
Suppliment to the Fourth Report of the Monitor
| PDF · Subscribers | |
Claims Process Order
| PDF · Subscribers | |
Fourth Report of the Monitor
| PDF · Subscribers | |
Meeting and Process Order
| PDF · Subscribers | |
Order For Extension of Stay, Increase in the Administration Charge, and Payment of Deposit
| PDF · Subscribers | |
Plan of Compromise and Arrangement
| PDF · Subscribers | |
| Affidavit #4 of Thomas Jackson | PDF · Subscribers | |
Order (Approval of SPA and Extension of Stay)
| PDF · Subscribers | |
Stay Extention Order
| PDF · Subscribers | |
Second Report of the Monitor
| PDF · Subscribers | |
Amended and Restated Initial Order
| PDF · Subscribers | |
First Report of the Monitor
| PDF · Subscribers | |
| Affidavit #2 of Mark Kemp-Gee | PDF · Subscribers | |
| Affidavit #3 of Thomas Jackson | PDF · Subscribers | |
Creditor List
| PDF · Subscribers | |
Notice to Creditors
| PDF · Subscribers | |
Initial Order
| PDF · Subscribers | |
| Affidavit #1 of Mark Kemp-Gee | PDF · Subscribers | |
| Affidavit #2 of Thomas Jackson | PDF · Subscribers | |
| Affidavit #1 of Thomas Jackson | PDF · Subscribers | |
Third Report of the Monitor
| 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., “CanWest Aerospace Inc.” (CCAA), Supreme Court of British Columbia. Retrieved 4 November 2026, https://proceedings.ca/case/canwest-aerospace-inc