Proceedings.

EarthFirst Canada Inc

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Active
Proceeding
CCAACCAA
Court
Court of King's Bench of Alberta
File
0801-13559
Filings held75
Last activity2 Mar 2010
On the record6,530 days
OverviewSummary updated

EarthFirst Canada Inc. is under Companies' Creditors Arrangement Act protection. The company obtained an initial order on November 4, 2008 in the Court of King's Bench of Alberta (court file 0801-13559), with Ernst & Young Inc. appointed as monitor and CBT Inc. as chief restructuring officer. WestLB AG is identified as EarthFirst's secured lender. The proceeding remains active in Alberta.

Claims processIf you are owed money

A claims procedure has been established — see the order for deadlines.

Per the Notice of Motion - Claims Procedure dated 19 March 2009.

Proceedings AIAsk this case — answers cite the filings
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Case updates75 dated entries
#Report

The officer filed report no. Nineteenth Report. EarthFirst has sold its major assets (the Dokie Project and other wind projects) and is finalizing the sale of its remaining corporate attributes (tax pools and the Buffalo-Atlee project) to Maxim Power Corp., after which it intends to complete distributions and wind up its CCAA proceedings.

Source: 19. Nineteenth Report of the Monitor

#Report

The officer filed report no. Sixteenth Report. EarthFirst continues its CCAA restructuring, focused on closing the Dokie APA and Maxim Power corporate attributes sale, while seeking a stay extension to January 15, 2010 and approval of partial KERP and Special Committee payments.

Source: 16. Sixteenth Report of the Monitor

#Report

The officer filed report no. Fifteenth Report. EarthFirst, a partially constructed wind energy developer, sought creditor approval of its Amended Plan of Arrangement, contingent on completing the sale of the Dokie Project and other conditions; its other wind projects have been sold except the Buffalo-Atlee project.

Source: 15. Fifteenth Report of the Monitor

#Report

The officer filed report no. Fourteenth Report. EarthFirst has sold or is in the process of selling its wind energy projects, and is now pursuing a Corporate Sales Process to sell its remaining corporate attributes (tax pools and the Buffalo-Atlee project) to Maxim Power Corp. under an Arrangement Agreement.

Source: 14. Fourteenth Report of the Monitor

#Report

The officer filed report no. Thirteenth Report. EarthFirst continues restructuring efforts focused on closing the Dokie Project sale, completing sales of other projects, pursuing a Corporate Sale Process, and advancing its CCAA Plan and Creditors' Meeting, while seeking a stay extension to October 30, 2009.

Source: 13. Thirteenth Report of the Monitor

#Sale

The court granted an approval and vesting order for the sale to Avro Wind Energy Inc. Closing terms, as extracted: Vesting occurs at the Time of Closing on the Closing Date, subject to potential re-vesting of the Wartenbe Assets in EarthFirst.

Source: Order - Sale Approval and Vesting - Wartenbe Assets

#Order

On November 4, 2008, the Court of King's Bench of Alberta made the initial order commencing EarthFirst Canada Inc.'s CCAA proceedings.

Source: Initial Order

Parties

Debtor

EarthFirst Canada Inc

Monitor

EY

Capital structureAs asserted in the filings
Priority classCreditorAmountSource
SecuredWestLB AGDescribed as EarthFirst's secured lender; amount not stated; discussions ongoing re Hardship Fund and potential DIP financing — debtor: EarthFirst Canada Inc.—1. First Report of the Monitor

“not stated” means the record names the claim without a figure; “—” means not in the extracted record.

Sale processAs stated in the filings

7 transactions · 3 proposed · 3 closed · 1 approved — Corporate Attributes sale expected to close March 2, 2010; Dokie and Other Projects sold19. Nineteenth Report of the Monitor · 25 Feb 2010

Parties solicited

254

8. Confidential Eighth Report of the Monitor

NDAs signed

66

8. Confidential Eighth Report of the Monitor

Bids received

16

8. Confidential Eighth Report of the Monitor

PurchaserPriceStatusSource
Avrothe Wartenbe Assets · asset salenot statedProposed9. Ninth Report of the Monitor
Avrothe Other Assets (potential project at Benchlands, Saskatchewan and Bonavista, Newfoundland and Labrador) · asset sale$420KProposed9. Ninth Report of the Monitor
unnamedWindrise & Grand Valleynot statedCloseddate not stated9. Ninth Report of the Monitor
Avro Wind Energy Inc.the Assets (as defined in the Purchase Agreement) · asset sale · agreement 11 Jun 2009not statedApproved25 Jun 2009Order - Sale Approval and Vesting - Wartenbe…
Dokie General Partnershipall the assets associated with the Dokie Project · asset sale · agreement 20 May 2009SealedAmending Agreement extends conditions to Dokie APA; price not restated in this excerptClosed10 Dec 200919. Nineteenth Report of the Monitor
Maxim Power Corp.certain corporate attributes of the EarthFirst entity primarily consisting of EarthFirst's federal and provincial tax pools and its remaining wind project, Buffalo-Atlee · asset sale$5.87Mamount reflected as 'Sale of Corporate Attributes' recovery in financial summary tableProposed19. Nineteenth Report of the Monitor
purchasers of EarthFirst's Other Projects, unnamedOther Projects, with the exception of the Buffalo-Atlee project · asset sale$2.5Mamount reflected as 'Sale of Other Projects' recovery in financial summary tableClosed19. Nineteenth Report of the Monitor
AdvisorsBlair Franklin Capital Partners Inc. (financial advisor); GMP Securities L.P. (financial advisor); Marathon Capital LLC (sale agent)8. Eighth Report of the Monitor
Closing termsVesting occurs at the Time of Closing on the Closing Date, subject to potential re-vesting of the Wartenbe AssetsOrder - Sale Approval and Vesting - Non-Wartenbe Assets
RecoveriesAs declared or paid

Unsecured creditors: 52 %.Final19. Nineteenth Report of the Monitor · 25 Feb 2010

ClassCreditorClaimsRecoveryBasisSource
UnsecuredAffected Creditors—52 %Finalper the monitor19. Nineteenth Report of the Monitor · 25 Feb 2010
Equityshareholders of EarthFirst—no distributionUnder the plansanctionedper the monitor14. Fourteenth Report of the Monitor · 9 Oct 2009

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.

Estate financialsReported figures — never derived

Cumulative receipts

$43.1M

As at 25 Feb 201019. Nineteenth Report of the Monitor

Cumulative disbursements

$35.5M

As at 25 Feb 201019. Nineteenth Report of the Monitor

Cash on hand

$2.94M

As at 20 Oct 200916. Sixteenth Report of the Monitor

Professional fees to date

$3.37M

As at 25 Feb 201019. Nineteenth Report of the Monitor

Documents
75 filings
DateDocumentFile
Order - Maxim
  • Presiding officer Justice C.A. Kent
PDF
19. Nineteenth Report of the Monitor
  • Closing confirmed Closed · 10 Dec 2009
  • Disbursements $35.5M · Note: Labeled 'Distributions' total (b) in the financial events summary table, covering the period of the CCAA proceedings. · Since: commencement of CCAA proceedings (November 4, 2008)
  • Operational summary EarthFirst has sold its major assets (the Dokie Project and other wind projects) and is finalizing the sale of its remaining corporate attributes (tax pools and the Buffalo-Atlee project) to Maxim Power Corp., after which it intends to complete distributions and wind up its CCAA proceedings.
  • Professional fees $3.37M · Note: Cumulative figure from the financial events summary table; not broken out by individual professional. · Party: professionals (aggregate, since commencement of CCAA proceedings) · Period: since November 4, 2008 (Initial Order) to date of report
  • + 6 more extracted facts
PDF
18. Monitor's Certificate
  • Closing confirmed Closed · date not stated
PDF
17. Seventeenth Report of the Monitor
  • Purchaser Dokie General Partnership · the Dokie Project · asset sale · proposed
  • Recovery outcome Entries: per plan; per liquidation_alternative · Stated on: 2009-11-25 · Table missing:
  • Sale outcome Approval pending — The Seventh Amending Agreement extends the closing date of the Dokie APA and removes certain excluded contracts; closing has not yet occurred
PDF
Notice of Motion - Sanction Hearing and Stay Extension, returnablePDF
Notice of Motion - Special Committee and KERP, returnablePDF
Order - Special Committee and Kerp Payment
  • Presiding officer Justice B.E.C. Romaine
PDF
Sanction Order
  • Presiding officer Justice B.E.C. Romaine
PDF
16. Sixteenth Report of the Monitor
  • Cash on hand $2.94M · Note: Ending cash at end of Reporting Period per budget to actual table; reserved funds of approximately $13.3 million held separately in trust with counsel · As at: 2009-10-16
  • Disbursements $5.85K · Note: Net disbursements during the Reporting Period (net change in cash), described as approximately $6,000 · Since: September 5, 2009 (start of Reporting Period)
  • Operational summary EarthFirst continues its CCAA restructuring, focused on closing the Dokie APA and Maxim Power corporate attributes sale, while seeking a stay extension to January 15, 2010 and approval of partial KERP and Special Committee payments.
  • Professional fees $203K · Note: Forecast for period was $255,000; positive variance due to timing differences · Party: CCAA professionals (unspecified, includes Monitor and counsel) · Period: September 5, 2009 to October 16, 2009
  • + 2 more extracted facts
PDF
Affidavit of Brian Trypka - Sanction Hearing and Stay Extension, swornPDF
Affidavit of Brian Trypka - Special Committee and KERP, swornPDF
15. Fifteenth Report of the Monitor
  • Operational summary EarthFirst, a partially constructed wind energy developer, sought creditor approval of its Amended Plan of Arrangement, contingent on completing the sale of the Dokie Project and other conditions; its other wind projects have been sold except the Buffalo-Atlee project.
  • Report date 14 October 2009
  • Report no Fifteenth Report
PDF
Notice of Motion - Ammend Plan, returnablePDF
Order - Amend Plan
  • Presiding officer Justice B.E.C. Romaine
PDF
14. Fourteenth Report of the Monitor
  • Operational summary EarthFirst has sold or is in the process of selling its wind energy projects, and is now pursuing a Corporate Sales Process to sell its remaining corporate attributes (tax pools and the Buffalo-Atlee project) to Maxim Power Corp. under an Arrangement Agreement.
  • Recovery outcome Entries: per plan · Stated on: 2009-10-09 · Table missing:
  • Report date 9 October 2009
  • Report no Fourteenth Report
PDF
Affidavit of Brian Trypka - Amend Plan (Includes Amended Plan), swornPDF
Order - Sixth Dokie APA Amending Agreement
  • Presiding officer Justice B.E.C. Romaine
PDF
Affidavit of Brian Trypka - Sixth Dokie APA Amending Agreement, swornPDF
Affidavit of Brian Trypka - APA Charge, swornPDF
Order
  • Presiding officer Justice B.E.C. Romaine
PDF
Order - 11th Stay Extension, 5th Dokie APA Amending Agreement, Plan of ArrangementPDF
Affidavit of Brian Trypka - Forbearance Extension Agreement, swornPDF
Notice of Motion - Including Plan of Arrangement, returnablePDF
13. Thirteenth Report of the Monitor
  • Cash on hand $2.95M · Note: Ending cash for Reporting Period August 15, 2009 to September 4, 2009; Reserved Funds of approximately $13.3 million held separately in trust.
  • Disbursements $-347K · Note: Net change in cash (net disbursements) for the Reporting Period August 15, 2009 to September 4, 2009. · Since: August 15, 2009
  • Operational summary EarthFirst continues restructuring efforts focused on closing the Dokie Project sale, completing sales of other projects, pursuing a Corporate Sale Process, and advancing its CCAA Plan and Creditors' Meeting, while seeking a stay extension to October 30, 2009.
  • Professional fees $81.4K · Note: Forecast CCAA professional fees for Forecast Period September 5 to October 30, 2009 were approximately $580,000. · Party: CCAA professionals (collective) · Period: August 15, 2009 to September 4, 2009
  • + 3 more extracted facts
PDF
Order - Tenth Stay Extension and Fourth Dokie APA Amending Agreement Approval
  • Presiding officer Justice B.E.C. Romaine
PDF
12. Twelfth Report of the Monitor
  • Recovery outcome Entries: per estimated; per estimated; per estimated · Stated on: 2009-08-24 · Table missing:
PDF
Order - Ninth Stay Extension and Third Dokie APA Amending Agreement Approval
  • Presiding officer Justice B.E.C. Romaine
PDF
Notice of Motion - Ninth Stay Extension and Third Dokie APA, returnablePDF
11. Eleventh Report of the MonitorPDF
Order - Eighth Stay Extension and Second Dokie APA
  • Presiding officer Justice B.E.C. Romaine
PDF
10. Tenth Report of the Monitor
  • Purchaser referred to only as 'the Purchaser' under the Dokie APA · the Dokie Project · asset sale · not completed
  • Sale outcome Approval pending — Dokie transaction not yet closed; further amendment being sought to extend deadlines and add a financing condition
PDF
Notice of Motion - Seventh Stay Extension, returnablePDF
Order - Dokie APA Amending Agreement - Late Claims
  • Presiding officer Justice B.E.C. Romaine
PDF
Order - Potential Shareholder Claims
  • Presiding officer Justice B.E.C. Romaine
PDF
Order - Sale Approval and Vesting - Non-Wartenbe Assets
  • Closing terms Vesting occurs at the Time of Closing on the Closing Date, subject to potential re-vesting of the Wartenbe Assets
  • Order date 25 June 2009
  • Purchaser Avro Wind Energy Inc. · the Assets (as defined in the Purchase Agreement) · asset sale · approved
  • Sale outcome Sale approved — Sale of the Assets to the Purchaser approved
PDF
Order - Sale Approval and Vesting - Wartenbe Assets
  • Closing terms Vesting occurs at the Time of Closing on the Closing Date, subject to potential re-vesting of the Wartenbe Assets in EarthFirst.
  • Order date 25 June 2009
  • Purchaser Avro Wind Energy Inc. · the Assets (as defined in the Purchase Agreement) · asset sale · approved
  • Sale outcome Sale approved — The sale of the Wartenbe Assets to Avro Wind Energy Inc. is approved.
PDF
Order - Seventh Stay Extension
  • Presiding officer Justice B.E.C. Romaine
PDF
9. Ninth Report of the Monitor
  • Closing confirmed Closed · date not stated
  • Purchaser referred to only as 'the Purchaser' under the Dokie APA · the Dokie Project · asset sale · proposed; Avro · the Wartenbe Assets · asset sale · proposed; Avro · the Other Assets (potential project at Benchlands, Saskatchewan and Bonavista, Newfoundland and Labrador) · asset sale · $420K · proposed
PDF
Notice of Motion, returnablePDF
8. Eighth Report of the Monitor
  • Recovery outcome Entries: per plan · Stated on: 2009-05-27 · Table missing:
  • Sale advisor Blair Franklin Capital Partners Inc. (financial advisor); GMP Securities L.P. (financial advisor); Marathon Capital LLC (sale agent)
  • Sale outcome Approval pending — Dokie APA entered into and pending Court approval
PDF
8. Confidential Eighth Report of the Monitor
  • Process results 254 solicited · 66 NDAs · 16 bids
  • Purchaser referred to only as 'the Purchaser' under the sealed Dokie APA · all the assets associated with the Dokie Project · asset sale · price sealed · proposed
  • Recovery outcome Entries: per plan; per liquidation_alternative; per liquidation_alternative; per unstated · Stated on: 2009-05-26 · Table missing:
  • Sale advisor Blair Franklin Capital Partners Inc. (financial advisor); GMP Securities L.P. (financial advisor); Marathon Capital LLC (financial advisor)
PDF
Affidavit of Brian Trypka - Sale Approval and Vesting Order Part 1, swornPDF
Affidavit of Brian Trypka - Sale Approval and Vesting Order Part 2, swornPDF
Notice of Motion - 6th Stay Extension and Sale Approval, returnablePDF
7. Seventh Report of the MonitorPDF
Affidavit of Brian Trypka - 6th Stay Extension and Sale Approval, Exhibit CPDF
Affidavit of Brian Trypka - 6th Stay Extension and Sale Approval, swornPDF
Reasons for JudgementPDF
Order - Brock John
  • Presiding officer Justice B.E.C. Romaine
PDF
Notice of Motion - Fifth Stay Extension, returnablePDF
6. Sixth Report of the MonitorPDF
Notice of Motion - Fourth Stay Extension, returnable
  • Applicant EarthFirst Canada Inc.
  • Commencement date 20 March 2009
  • Court IN THE COURT OF QUEEN'S BENCH OF ALBERTA
  • Court file no 0801-13559
PDF
Proof of Claims PackagePDF
5. Fifth Report of the MonitorPDF
Affidavit of Brian Trypka - Fourth Stay Extension, swornPDF
Notice of Motion - Claims Procedure
  • Presiding officer Justice B.E.C. Romaine
PDF
4. Fourth Report of the MonitorPDF
Stay Extension Order
  • Presiding officer Justice B.E.C. Romaine
PDF
3. Third Report of the MonitorPDF
Affidavit of Brian Trypka, swornPDF
Bench Brief - Vestas, retPDF
Affidavit of E. Wegmann, swornPDF
Affidavit of S. Hosseini - Vestas, swornPDF
2. Second Report of the MonitorPDF
Order - CRO
  • Presiding officer Justice B.E.C. Romaine
PDF
Order - Pre-CCAA Payments
  • Presiding officer Justice B.E.C. Romaine
PDF
Notice of Motion
  • Applicant EarthFirst Canada Inc.
  • Appointee CBT Inc.
  • Appointee role Chief Restructuring Officer
  • Commencement date 12 November 2008
  • + 2 more extracted facts
PDF
1. First Report of the Monitor
  • Secured creditors Note: Described as EarthFirst's secured lender; amount not stated; discussions ongoing re Hardship Fund and potential DIP financing · Page: 6 · Debtor: EarthFirst Canada Inc. · Creditor: WestLB AG · Currency: CAD
PDF
Affidavit of Derren Newell - WestLB Agreement, swornPDF
Affidavit of Derren Newell, swornPDF
Service ListPDF
Affidavit of Derren Newell, Exh A&BPDF
Affidavit of Derren Newell, Exh CPDF
Affidavit of Derren Newell, Exh D-KPDF
Initial Order
  • Applicant EarthFirst Canada Inc.
  • Appointee Ernst & Young, Inc.
  • Appointee role Monitor
  • Commencement date 4 November 2008
  • + 4 more extracted facts
PDF

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

CiteProceedings., “EarthFirst Canada Inc” (CCAA), Court of King's Bench of Alberta. Retrieved 20 September 2026, https://proceedings.ca/case/earthfirst-canada-inc

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Sources last checked · summary updated 24 August 2026 · Report a correction · Printed from proceedings.ca/case/earthfirst-canada-inc

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.