Notice of Motion (Distribution and Dischage) dated October 11, 2024 — Application / notice of application
Cobalt Industries Ltd.
Follow- Proceeding
- Receivership (court-appointed)Section 243 of the Bankruptcy and Insolvency Act and Section 55 of the Court of King's Bench Act
- File
- CI 23-01-44085
Cobalt Industries Ltd. has been under the court-appointed receivership of Grant Thornton Limited since December 11, 2023, when the Court of King's Bench of Manitoba appointed the receiver on the application of The Toronto-Dominion Bank under section 243 of the Bankruptcy and Insolvency Act and section 55 of the Court of King's Bench Act, in file CI 23-01-44085. TD, which holds registered security over all of the company's present and after-acquired property, was owed $7,200,652 as at November 30, 2023, plus further accrued and accruing interest, costs and expenses; its security has been confirmed valid and enforceable in an opinion from TM LLP. Cobalt's unaudited books showed total assets of $3,743,967 at the date of the order. Priority claims include $21,257 for Service Canada under WEPP and CRA deemed trust claims of $20,346 and $2,106. Unsecured claims of $1,585,168.98 were recorded; the receiver has not run a claims process, citing a significant shortfall to secured creditors. The proceeding remains active.
A court officer report was filed the same day the receivership commenced, in the proceeding brought on the application of the Toronto-Dominion Bank.
Source: Receiver's First & Final Report - Filed October 9, 2024
Debtor
Cobalt Industries Ltd.
Receiver
Doane Grant Thornton
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverDoane Grant Thornton | Taylor McCaffrey LLP | 9 Oct 2024 | Application · 9 Oct 2024 |
| Applicant | MLT Aikins LLP | 5 Dec 2023 | Application · 5 Dec 2023 |
| DebtorCobalt Industries Ltd. | Tapper Cuddy LLP | 5 Dec 2023 | Application · 5 Dec 2023 |
| CreditorAviva | Chaitons LLP | 9 Oct 2024 | Application · 9 Oct 2024 |
| CreditorFlextech Industries Ltd | Court Stults Johnson LLP | 9 Oct 2024 | Application · 9 Oct 2024 |
| CreditorIronworkers Local 728 | Kalloghlian Myers LLP | 9 Oct 2024 | Application · 9 Oct 2024 |
| CreditorJeremy Yu | Fillmore Riley LLP | 9 Oct 2024 | Application · 9 Oct 2024 |
| CreditorLandlord | Pitblado LLP | 5 Dec 2023 | Application · 5 Dec 2023 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | The Toronto-Dominion Bank · in 111 casesRegistered security interests over all present and after-acquired property of the Company — Plus further accrued and accruing interest, costs and expenses; applicant creditor; security opinion confirmed valid and enforceable by TM LLP subject to usual assumptions and qualifications — debtor: Cobalt Industries Ltd. · as of 30 Nov 2023 | $7.2M | Receiver's First & Final Report - Filed October 9, 2024 |
| 4 | Secured | Meridian OneCap Credit Corp. · in 75 casesas of NOI/Receivership Order filing date — Specific security registered against Cobalt with respect to various software licenses — Only additional registered PPR interest as at date of Receivership Order; not realized upon by Receiver — debtor: Cobalt Industries Ltd. | $5.44K | Receiver's First & Final Report - Filed October 9, 2024 |
| 6 | Landlord preferred | Service Canada (WEPP) · in 62 casesPreferred/priority claim - security for unpaid wages/vacation pay up to $2,000 per employee over current assets; subrogated employee claims under WEPP — debtor: Cobalt Industries Ltd. | $21.3K | Receiver's First & Final Report - Filed October 9, 2024 |
| 7 | Preferred (BIA s. 136) | Canada Revenue Agency - payroll source deductions · in 2 casesDeemed trust claim; preferred/priority ranking — debtor: Cobalt Industries Ltd. | $20.3K | Receiver's First & Final Report - Filed October 9, 2024 |
| 7 | Preferred (BIA s. 136) | Canada Revenue Agency - unpaid GSTDeemed trust claim; preferred/priority ranking; per proposed distribution listed as filed priority claim of $2,105.90 — debtor: Cobalt Industries Ltd. | $2.11K | Receiver's First & Final Report - Filed October 9, 2024 |
| 8 | Unsecured | Unsecured creditors (aggregate as reported) · in 532 casesas of Receivership Order filing date — Document names no individual unsecured creditors; Receiver has not conducted a claims process to confirm amounts owed due to significant shortfall to secured creditors — debtor: Cobalt Industries Ltd. | $1.59M | Receiver's First & Final Report - Filed October 9, 2024 |
| 8 | Unsecured | Manitoba Finance · in 9 casesDeemed trust/regulatory claim; full amount set-off by credit balance in Company's Health and Education Tax Levy account — debtor: Cobalt Industries Ltd. | $11.1K | Receiver's First & Final Report - Filed October 9, 2024 |
Canada Revenue Agency: $20.3K.Receiver's First & Final Report - Filed October 9, 2024 · 4 Oct 2024
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trustCRA (deemed trust claim for unpaid employee source withholdings) | Canada Revenue Agency | — | $20.3K | per the receiver | Receiver's First & Final Report - Filed October 9, 2024 · 4 Oct 2024 |
| Secured | Toronto-Dominion Bank | — | shortfall | Estimatedper the receiver | Receiver's First & Final Report - Filed October 9, 2024 · 4 Oct 2024 |
| Preferred | Service Canada | — | $21.3K | per the receiver | Receiver's First & Final Report - Filed October 9, 2024 · 4 Oct 2024 |
| UnsecuredCRA (filed priority claim for unpaid GST remittances) | Canada Revenue Agency | — | $2.11K | per the receiver | Receiver's First & Final Report - Filed October 9, 2024 · 4 Oct 2024 |
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.
per Based on Cobalt's unaudited books and records · Entity - Cobalt Industries Ltd. only — as at Receivership Order filing date (December 11, 2023) — Liabilities not stated as a total; components reported separately as priority claims, secured creditors, and unsecured creditors elsewhere in report
| Date | Document | File |
|---|---|---|
Notice of Motion (Distribution and Dischage) dated October 11, 2024
| ||
| Motion Brief filed October 9, 2024 | ||
Notice of Motion filed October 9, 2024
| ||
Receiver's First & Final Report - Filed October 9, 2024
| ||
| Brief of the Applicant dated December 8, 2023 | ||
Notice of Application dated December 5, 2023
| ||
| Affidavit of M. Holland dated December 4, 2023 | ||
| Receiver's Consent dated December 4, 2023 | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Cobalt Industries Ltd.” (Receivership (court-appointed)), Court of King's Bench of Manitoba. Retrieved 20 September 2026, https://proceedings.ca/case/cobalt-industries-ltd