Colossus Minerals Inc.
- Proceeding
- NOIBankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended
- File
- CV14-10401-00CL
- Industry
- Mining
Colossus Minerals Inc. is proceeding under a notice of intention filed pursuant to s. 50.4 of the BIA, before the Ontario Superior Court of Justice under court file CV-14-10401-00CL. A Statement of Affairs sworn February 6, 2014 and stated as of the January 13, 2014 filing date puts total assets at $500,004.00 against total liabilities of $160,501,906.10, a reported deficiency of $160,001,902.10, with unsecured claims aggregating $160,501,905.10 and secured claims on list B carried at a nominal $1.00 for Dell Financial Services Canada Limited equipment financing. The company also guaranteed obligations of Colossus Mineracao Ltda. to Sandstorm Gold Ltd. under a September 18, 2012 purchase agreement, capped at up to $10 million and secured by a charge over its 99.9% interest in the Brazilian subsidiary. Other property is carried as unknown, its value dependent on the results of a sale process. The matter remains active.
A claims procedure has been established — see the order for deadlines.
Supplement to the Proposal Trustee's Report to Court dated March 13, 2014 — Court officer report
Factum re Motion for Approval of Proposal returnable March 13, 2014 — Application / notice of application
The officer filed report no. Second Supplement to the Trustee's Report to Creditors on the Proposal. The sale and investment solicitation process (SISP) closed on February 21, 2014 with no offers received, so the Company intends to attempt to complete the Proposal to creditors; the Proposal Trustee continues to recommend that Affected Creditors vote in favour.
Source: Second Supplement to the Trustee's Report to Creditors on Proposal dated February 21, 2014
The officer filed a report. The company is in NOI/proposal proceedings under the BIA while a court-approved sale and investor solicitation process (SISP) runs; no letters of intent were received by the February 14, 2014 deadline, though the company and its financial advisor remain in dialogue with certain interested parties, and a creditors' meeting on the Proposal is scheduled for February 25, 2014.
Source: Supplement to the Trustee's Report to Creditors on Proposal dated February 20, 2014
Book of Authorities of the Applicant dated January 15, 2014 was filed. Court file CV14-10401-00CL.
Source: Book of Authorities of the Applicant dated January 15, 2014
Certificate for the Notice of Intention to Make a Proposal dated January 13, 2014 — NOI certificate of filing
Undated filings3 — no date appears on the document · show
Instructions, Proxy and Voting Letter for the Beneficial Holders — Meeting of creditors
Proof of Claim and Voting Letter for Ordinary Creditors — Claims process approved
Debtor
Colossus Minerals Inc.
Proposal trustee
AlixPartners
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Wilton-Siegel | Ontario Superior Court of Justice | 4 orders, Jan 2014 – Mar 2014 | 111 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ApplicantColossus Minerals Inc | Fasken Martineau DuMoulin LLP | 16 Jan 2014 | Order · 16 Jan 2014 |
| DebtorColossus Minerals Inc. | Fasken Martineau DuMoulin LLP | 25 Feb 2014 | Order · 25 Feb 2014 |
| CreditorDuff & Phelps Canada Restructuring Inc | Chaitons LLP | 11 Mar 2014 | Application · 11 Mar 2014 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Sandstorm Gold Ltd.Charge over Company's 99.9% ownership interest in Colossus Brazil; guarantee capped at up to $10 million — Related-party/guarantee structure: Company guaranteed obligations of Colossus Mineracao Ltda. ("Colossus Brazil") to Sandstorm under a Purchase Agreement dated 2012-09-18; security is a charge granted 'up to $10 million' (ceiling, not a stated balance); not included in list 'B' secured total of $1.00 above. — debtor: Colossus Minerals Inc. (guarantor of Colossus Mineracao Ltda. obligations) · as of 18 Sep 2012 | — | Statement of Affairs |
| 5 | PMSI / lessors | |||
| 8 | Unsecured |
2 more claims in 2 classes The stack holds Secured, PMSI / lessors and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plans“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
No acceptable bid — As described in the Supplemental Reports, no offers were received under the SISPProposal Trustee's Report to Court dated March 11, 2014 · 11 Mar 2014
Unsecured creditors: a distribution.Under the plan · sanctionedCourt Order · 13 Mar 2014
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trust | — | — | paid in full | Under the plansanctionedper the proposal trustee | Court Order · 13 Mar 2014 |
| Preferred | — | — | paid in full | Under the plansanctionedper the proposal trustee | Court Order · 13 Mar 2014 |
| Unsecured | — | — | a distribution | Under the plansanctionedper the proposal trustee | Court Order · 13 Mar 2014 |
| Equity | Existing Shareholders | — | no distribution | Under the plansanctionedper the proposal trustee | Court Order · 13 Mar 2014 |
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.
As at ·
The 2 totals the debtor stated at filing
Each one as the filing states it, with its source.
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See all plans| Date | Document | File |
|---|---|---|
| Letter to Creditors dated June 1, 2015 | PDF · Subscribers | |
Court Order dated March 13, 2014
| PDF · Subscribers | |
| Endorsement dated March 13, 2014 | PDF · Subscribers | |
Supplement to the Proposal Trustee's Report to Court dated March 13, 2014
| PDF · Subscribers | |
Factum re Motion for Approval of Proposal returnable March 13, 2014
| PDF · Subscribers | |
Motion Record returnable March 13, 2014
| PDF · Subscribers | |
Proposal Trustee's Report to Court dated March 11, 2014
| PDF · Subscribers | |
| Instructions to Participant Holders dated February 26, 2014 | PDF · Subscribers | |
| Notice of Hearing for Approval of Proposal dated February 26, 2014 | PDF · Subscribers | |
Court Order dated February 25, 2014
| PDF · Subscribers | |
Second Supplement to the Trustee's Report to Creditors on Proposal dated February 21, 2014
| PDF · Subscribers | |
Supplement to the Trustee's Report to Creditors on Proposal dated February 20, 2014
| PDF · Subscribers | |
Amended Proposal
| PDF · Subscribers | |
| Certificate of Filing of Proposal dated February 7, 2014 | PDF · Subscribers | |
Endorsement dated February 7, 2014
| PDF · Subscribers | |
| Instructions to Participant Holders dated February 7, 2014 | PDF · Subscribers | |
| Notice of Proposal to Creditors | PDF · Subscribers | |
Trustee's Report to Creditors on Proposal dated February 7, 2014
| PDF · Subscribers | |
Statement of Affairs
| PDF · Subscribers | |
| Notice to Creditors dated January 20, 2014 | PDF · Subscribers | |
Court Order dated January 16, 2014
| PDF · Subscribers | |
| Endorsement dated January 16, 2014 | PDF · Subscribers | |
Notice of Application returnable January 16, 2014
| PDF · Subscribers | |
Book of Authorities of the Applicant dated January 15, 2014
| PDF · Subscribers | |
| Factum of the Applicant dated January 15, 2014 | PDF · Subscribers | |
| First Report of the Proposal Trustee dated January 14, 2014 | PDF · Subscribers | |
Application Record returnable January 15, 2014
| PDF · Subscribers | |
| Certificate for the Notice of Intention to Make a Proposal dated January 13, 2014 | PDF · Subscribers | |
Proposal
| PDF · Subscribers | |
| List of Creditors affected by the Proposal as at January 10, 2014 | PDF · Subscribers | |
| Instructions, Proxy and Voting Letter for the Beneficial Holders | PDF · Subscribers | |
| Insturctions to Participant Holders | PDF · Subscribers | |
| Proof of Claim and Voting Letter for Ordinary Creditors | 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., “Colossus Minerals Inc.” (NOI), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/colossus-minerals-inc