Carpathian
Follow- Proceeding
- Receivership (court-appointed)BIA s. 243 / prov. Judicature Acts
Carpathian Gold Inc. was the subject of a court-appointed receivership commenced April 22, 2015 in the Ontario Superior Court of Justice under BIA s. 243 and provincial Judicature Act authority. The proceeding is closed. The secured debt at its centre was owed to Brio Finance Holdings B.V., which took over Macquarie Bank Limited's position as Administrative Agent and Collateral Agent under the Facilities by credit bid at a discount of about US$41.9 million, and is not itself a commercial lender. The assignment ran through an Assignment dated February 17, 2016 and a CAARA dated March 31, 2016. The Receiver was informed that obligations under the Financial Assets Agreements and Security total approximately US$273 million. A security opinion concluded Brio held a first ranking security interest in the Limited Receivership Assets, subject to statutory and possessory liens, PMSIs and priority claims arising by operation of law, resting on an October 8, 2013 general security agreement over all of Carpathian's undertaking, property and assets other than the Romanian Project assets, together with January 11, 2013 charges over the Barbados pledged securities and the Dutch pledged memberships.
11 earlier updates, back to 22 April 2015 — subscribers.
Debtor
Carpathian
Receiver
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Newbould | Ontario Superior Court of Justice | 4 orders, Apr 2015 – Apr 2016 | 100 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverFTI | Stikeman Elliott LLP | 22 Apr 2016 | Factum · 22 Apr 2016 |
| CreditorBrio Finance Holdings B.V | Norton Rose Fulbright Canada LLP | 22 Apr 2016 | Factum · 22 Apr 2016 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| PMSI / lessors | Brio Finance Holdings B.V. (as assignee of Macquarie Bank Limited, Administrative Agent and Collateral Agent under the Facilities)GSA dated October 8, 2013 over all undertaking, property and assets of Carpathian (other than Romanian Project assets); deed of charge over shares dated January 11, 2013 (Barbados Pledged Securities); deed of pledge of claims and memberships dated January 11, 2013 (Dutch Pledged Memberships) - assigned from Macquarie Bank Limited to Brio pursuant to Assignment dated Feb 17, 2016 and CAARA dated March 31, 2016 — Brio Indebtedness described as 'approximately US$273 million'; Receiver informed obligations under Financial Assets Agreements and Security total approximately US$273 million. Security | $273M USD | First Report of the Receiver |
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.
Closed · the record states no distribution outcome.
| Date | Document | File |
|---|---|---|
| Receiver's Discharge Certificate | PDF · Subscribers | |
| Approval and Vesting Order | PDF · Subscribers | |
Discharge Order
| PDF · Subscribers | |
Endorsement of Justice Newbould
| PDF · Subscribers | |
| Receiver's Certificate | PDF · Subscribers | |
| Application of Brio Finance Holdings B.V. | PDF · Subscribers | |
| Book of Authorities | PDF · Subscribers | |
| Book of Authorities of the Receiver | PDF · Subscribers | |
Factum
| PDF · Subscribers | |
Factum of the Receiver
| PDF · Subscribers | |
First Report of the Receiver
| PDF · Subscribers | |
| Motion Record of the Receiver | PDF · Subscribers | |
Endorsement of Newbould J re Application for Receivership Order
| PDF · Subscribers | |
Limited Receivership Order
| 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., “Carpathian” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/carpathian