Proceedings.

EarthFirst Canada Inc

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Proceeding
CCAACCAA
Court
Court of King's Bench of Alberta
File
0801-13559
Industry
Energy · Power & utilities
Filings held75
Last activity2 Mar 2010
On the record6,575 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.

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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

#Report

The officer filed report no. Twelfth Report. EarthFirst continues working with the Dokie Project purchaser to close the sale under amended agreements, completing sales of its other projects, and developing a CCAA plan of arrangement, while seeking a further stay extension.

Source: 12. Twelfth Report of the Monitor

#Report

The officer filed report no. Eleventh Report. EarthFirst continues restructuring efforts focused on closing the Dokie Project sale (working through outstanding conditions with the Purchaser and WestLB), completing sales of other projects, and developing a CCAA Plan, while seeking a short extension of the Stay Period to August 26, 2009.

Source: 11. Eleventh Report of the Monitor

#Report

The officer filed report no. Tenth Report. EarthFirst continues restructuring efforts focused on closing the Dokie I Project sale, completing sales of its other projects, and progressing its claims process, while requiring an extension of the CCAA stay and anticipated DIP financing of about $1.5 million.

Source: 10. Tenth 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

#Report

The officer filed a report. EarthFirst continued restructuring by working to close the Dokie I Project sale, attempting to realize on its other wind projects, continuing the claims process, and seeking approval for sale of the Wartenbe and other development assets, while requesting a further extension of the CCAA stay.

Source: 9. Ninth Report of the Monitor

#Report

The officer filed report no. Eighth Report. The report focuses on the Dokie wind energy project sale process; the Monitor recommends approval of the Dokie APA under which the purchaser will complete construction and continue the Dokie Project, preserving local employment, with unsecured creditors expected to recover approximately 85% of claims.

Source: 8. Eighth Report of the Monitor

#Report

The officer filed report no. Eighth Report. The Monitor reports on the sale process for the Dokie wind energy project, recommending court approval of an asset purchase agreement with GE Energy Financial Services under which the purchaser would complete construction of the Dokie Project, assume certain liabilities, and provide significantly greater recoveries to unsecured creditors than a liquidation scenario.

Source: 8. Confidential Eighth Report of the Monitor

#Report

The officer filed report no. Seventh Report. EarthFirst continued restructuring efforts including negotiating a sale of the Dokie I Project (subject to a sealing order request), completing sales of Grand Valley and Windrise assets, and seeking a stay extension to finalize these transactions.

Source: 7. Seventh Report of the Monitor

#Report

The officer filed report no. Sixth Report. EarthFirst continues restructuring efforts including negotiating the sale of the Dokie I Project, completing a sale of the Nuttby Project subsidiary, and pursuing other project sales, while seeking a stay extension.

Source: 6. Sixth Report of the Monitor

#Report

The officer filed report no. Fifth Report. EarthFirst continues restructuring efforts, negotiating a sale of the Dokie I Project and other project assets, while seeking an extension of the CCAA stay to April 24, 2009.

Source: 5. Fifth Report of the Monitor

#Report

The officer filed report no. Fourth Report. EarthFirst continued preserving the partially built Dokie I Project, minimal capex on other projects, and pursued parallel sale processes for the Dokie I Project and turbines while seeking further extension of the CCAA stay.

Source: 4. Fourth Report of the Monitor

#Report

The officer filed report no. Third Report. Construction of Phase I of the Dokie I Project has ceased (five turbines erected, three in storage) and the project is in maintenance mode, while EarthFirst is cash constrained, has largely discontinued funding of its other wind projects, and is pursuing sales of the Dokie I Project and of the turbines.

Source: 3. Third Report of the Monitor

#Report

The officer filed report no. Second Report of the Monitor. Under CCAA protection, EarthFirst continues limited Phase I construction of the Dokie I wind project (4 turbines erected, a fifth in progress, 3 being winterized) while curtailing funding of other projects to critical payments only, and pursues a sale/restructuring process via BF/GMP and a separate turbine sales agent.

Source: 2. Second Report of the Monitor

#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 saleSubscribersProposed9. 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 2009SubscribersClosed10 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 saleSubscribersProposed19. Nineteenth Report of the Monitor
purchasers of EarthFirst's Other Projects, unnamedOther Projects, with the exception of the Buffalo-Atlee project · asset saleSubscribersClosed19. 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: a distribution.Final19. Nineteenth Report of the Monitor · 25 Feb 2010

ClassCreditorClaimsRecoveryBasisSource
UnsecuredAffected Creditors—Finalper the monitor19. Nineteenth Report of the Monitor · 25 Feb 2010
Equityshareholders of EarthFirst—no distributionUnder the plansanctionedper the debtorNotice of Motion - Ammend Plan, returnable · 13 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.

1 blurred figure above

The claims and what each class or creditor recovers — each as the filing states it, with its source.

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Estate financialsReported figures — never derived

Cumulative receipts

$43.1M

As at 25 Feb 201019. Nineteenth Report of the Monitor

Cumulative disbursements

As at

Cash on hand

As at

Professional fees

As at

3 more reported figures

Each one as the filing states it, with its source.

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Documents
75 filings
DateDocumentFile
Order - Maxim
  • Presiding officer Justice C.A. Kent
PDF · Subscribers
19. Nineteenth Report of the Monitor
  • Closing confirmed Closed · 10 Dec 2009
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 9 more extracted facts
PDF · Subscribers
18. Monitor's Certificate
  • Closing confirmed Closed · date not stated
PDF · Subscribers
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
  • Financial position Subscribers
  • + 1 more extracted fact
PDF · Subscribers
Notice of Motion - Sanction Hearing and Stay Extension, returnablePDF · Subscribers
Notice of Motion - Special Committee and KERP, returnablePDF · Subscribers
Order - Special Committee and Kerp Payment
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Sanction Order
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
16. Sixteenth Report of the Monitor
  • 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.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Affidavit of Brian Trypka - Sanction Hearing and Stay Extension, swornPDF · Subscribers
Affidavit of Brian Trypka - Special Committee and KERP, swornPDF · Subscribers
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.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Notice of Motion - Ammend Plan, returnable
  • Recovery outcome Entries: per plan · Table missing:
PDF · Subscribers
Order - Amend Plan
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
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.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 5 more extracted facts
PDF · Subscribers
Affidavit of Brian Trypka - Amend Plan (Includes Amended Plan), swornPDF · Subscribers
Order - Sixth Dokie APA Amending Agreement
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Affidavit of Brian Trypka - Sixth Dokie APA Amending Agreement, swornPDF · Subscribers
Affidavit of Brian Trypka - APA Charge, swornPDF · Subscribers
Order
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Order - 11th Stay Extension, 5th Dokie APA Amending Agreement, Plan of ArrangementPDF · Subscribers
Affidavit of Brian Trypka - Forbearance Extension Agreement, swornPDF · Subscribers
Notice of Motion - Including Plan of Arrangement, returnablePDF · Subscribers
13. Thirteenth Report of the Monitor
  • 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.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 5 more extracted facts
PDF · Subscribers
Order - Tenth Stay Extension and Fourth Dokie APA Amending Agreement Approval
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
12. Twelfth Report of the Monitor
  • Operational summary EarthFirst continues working with the Dokie Project purchaser to close the sale under amended agreements, completing sales of its other projects, and developing a CCAA plan of arrangement, while seeking a further stay extension.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 5 more extracted facts
PDF · Subscribers
Order - Ninth Stay Extension and Third Dokie APA Amending Agreement Approval
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Notice of Motion - Ninth Stay Extension and Third Dokie APA, returnablePDF · Subscribers
11. Eleventh Report of the Monitor
  • Operational summary EarthFirst continues restructuring efforts focused on closing the Dokie Project sale (working through outstanding conditions with the Purchaser and WestLB), completing sales of other projects, and developing a CCAA Plan, while seeking a short extension of the Stay Period to August 26, 2009.
  • Disbursements · Financial position · Professional fees Subscribers
  • + 3 more extracted facts
PDF · Subscribers
Order - Eighth Stay Extension and Second Dokie APA
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
10. Tenth Report of the Monitor
  • Cash on hand · Disbursements · Financial position · Operational summary Subscribers
  • + 7 more extracted facts
PDF · Subscribers
Notice of Motion - Seventh Stay Extension, returnablePDF · Subscribers
Order - Dokie APA Amending Agreement - Late Claims
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Order - Potential Shareholder Claims
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
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
  • Presiding officer Justice B.E.C. Romaine
  • Purchaser Avro Wind Energy Inc. · the Assets (as defined in the Purchase Agreement) · asset sale · approved
  • + 2 more extracted facts
PDF · Subscribers
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
  • Presiding officer Justice B.E.C. Romaine
  • Purchaser Avro Wind Energy Inc. · the Assets (as defined in the Purchase Agreement) · asset sale · approved
  • + 2 more extracted facts
PDF · Subscribers
Order - Seventh Stay Extension
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
9. Ninth Report of the Monitor
  • Closing confirmed Closed · date not stated
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 6 more extracted facts
PDF · Subscribers
Notice of Motion, returnablePDF · Subscribers
8. Eighth Report of the Monitor
  • Operational summary The report focuses on the Dokie wind energy project sale process; the Monitor recommends approval of the Dokie APA under which the purchaser will complete construction and continue the Dokie Project, preserving local employment, with unsecured creditors expected to recover approximately 85% of claims.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 8 more extracted facts
PDF · Subscribers
8. Confidential Eighth Report of the Monitor
  • Operational summary The Monitor reports on the sale process for the Dokie wind energy project, recommending court approval of an asset purchase agreement with GE Energy Financial Services under which the purchaser would complete construction of the Dokie Project, assume certain liabilities, and provide significantly greater recoveries to unsecured creditors than a liquidation scenario.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 9 more extracted facts
PDF · Subscribers
Affidavit of Brian Trypka - Sale Approval and Vesting Order Part 1, swornPDF · Subscribers
Affidavit of Brian Trypka - Sale Approval and Vesting Order Part 2, swornPDF · Subscribers
Notice of Motion - 6th Stay Extension and Sale Approval, returnablePDF · Subscribers
7. Seventh Report of the Monitor
  • Operational summary EarthFirst continued restructuring efforts including negotiating a sale of the Dokie I Project (subject to a sealing order request), completing sales of Grand Valley and Windrise assets, and seeking a stay extension to finalize these transactions.
  • Disbursements · Financial position · Professional fees Subscribers
  • + 3 more extracted facts
PDF · Subscribers
Affidavit of Brian Trypka - 6th Stay Extension and Sale Approval, Exhibit CPDF · Subscribers
Affidavit of Brian Trypka - 6th Stay Extension and Sale Approval, swornPDF · Subscribers
Reasons for JudgementPDF · Subscribers
Order - Brock John
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Notice of Motion - Fifth Stay Extension, returnablePDF · Subscribers
6. Sixth Report of the Monitor
  • Operational summary EarthFirst continues restructuring efforts including negotiating the sale of the Dokie I Project, completing a sale of the Nuttby Project subsidiary, and pursuing other project sales, while seeking a stay extension.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
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 · Subscribers
Proof of Claims PackagePDF · Subscribers
5. Fifth Report of the Monitor
  • Operational summary EarthFirst continues restructuring efforts, negotiating a sale of the Dokie I Project and other project assets, while seeking an extension of the CCAA stay to April 24, 2009.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Affidavit of Brian Trypka - Fourth Stay Extension, swornPDF · Subscribers
Notice of Motion - Claims Procedure
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
4. Fourth Report of the Monitor
  • Operational summary EarthFirst continued preserving the partially built Dokie I Project, minimal capex on other projects, and pursued parallel sale processes for the Dokie I Project and turbines while seeking further extension of the CCAA stay.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Stay Extension Order
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
3. Third Report of the Monitor
  • Operational summary Construction of Phase I of the Dokie I Project has ceased (five turbines erected, three in storage) and the project is in maintenance mode, while EarthFirst is cash constrained, has largely discontinued funding of its other wind projects, and is pursuing sales of the Dokie I Project and of the turbines.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Affidavit of Brian Trypka, swornPDF · Subscribers
Bench Brief - Vestas, retPDF · Subscribers
Affidavit of E. Wegmann, swornPDF · Subscribers
Affidavit of S. Hosseini - Vestas, swornPDF · Subscribers
2. Second Report of the Monitor
  • Operational summary Under CCAA protection, EarthFirst continues limited Phase I construction of the Dokie I wind project (4 turbines erected, a fifth in progress, 3 being winterized) while curtailing funding of other projects to critical payments only, and pursues a sale/restructuring process via BF/GMP and a separate turbine sales agent.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 4 more extracted facts
PDF · Subscribers
Order - CRO
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
Order - Pre-CCAA Payments
  • Presiding officer Justice B.E.C. Romaine
PDF · Subscribers
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 · Subscribers
1. First Report of the Monitor
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Affidavit of Derren Newell - WestLB Agreement, swornPDF · Subscribers
Affidavit of Derren Newell, swornPDF · Subscribers
Service ListPDF · Subscribers
Affidavit of Derren Newell, Exh A&BPDF · Subscribers
Affidavit of Derren Newell, Exh CPDF · Subscribers
Affidavit of Derren Newell, Exh D-KPDF · Subscribers
Initial Order
  • Applicant EarthFirst Canada Inc.
  • Appointee Ernst & Young, Inc.
  • Appointee role Monitor
  • Commencement date 4 November 2008
  • + 4 more extracted facts
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., “EarthFirst Canada Inc” (CCAA), Court of King's Bench of Alberta. Retrieved 4 November 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.