#Order
Proposal Approval Order Amended and Restated Novmber 13, 2020.pdf — Plan sanction / final order
OverviewSummary updated
Eureka 93 Inc. filed a notice of intention to make a proposal under section 50.4 of the Bankruptcy and Insolvency Act on March 2, 2020, in the Ontario Superior Court of Justice (In Bankruptcy and Insolvency) under court file 33-2618511. The proceeding remains active. Eureka 93 and its affiliates LiveWell Foods Canada Inc., Artiva Inc. and Vitality CBD Natural Health Products Inc. hold an interim financing commitment dated February 3, 2020 from Sprouter Corporation Inc., David Van Segbrook and Donna Van Segbrook for a non-revolving term credit facility of CDN $2,300,000, to be secured by a super-priority interest in all present and after-acquired property ranking ahead of all encumbrances other than the proposed Administration Charge. The facility is subject to court approval and had not been advanced; a commitment fee of $320,000 becomes non-refundable upon a BIA initial order.
Claims processIf you are owed money
A claims procedure has been established — see the order for deadlines.
Proceedings AIOpen Proceedings AI
Case updates60 dated entries · 13 undated
#Filing
Notice of Motion re Arrangement of Artiva & LiveWell to be heard November 13, 2020.pdf — Notice of hearing
#Filing
Proposal Approval Motion returnable November 13, 2020.pdf — Application / notice of application
#Order
Decision and Reasons of Justice MacLeod re Appeal by Note holders .pdf — Endorsement / reasons
#Filing
Notice of Motion of Proposal Trustee re Security for Costs to be heard .pdf — Application / notice of application
#Report
Supplemental Report to the Ninth Report of Proposal Trustee with Appendices.pdf — Court officer report
#Filing
Supplementary Motion Record of Proposal Trustee re Security for Costs .pdf — Application / notice of application
#Filing
Notice of Motion of Dominion Capital LLC (Disallowance Appeal) .pdf — Application / notice of application
#Report
Trustee's Supplemental Report on Amended Joint Proposal of Artiva and Livewell.pdf — Court officer report
#Claims
Artiva Inc. – Creditor Package including Trustee’s Report on the Proposal.pdf — Meeting materials
#Report
Eureka 93 Inc. - Creditor Package including Trustee's Report on the Proposal Redacted.pdf — Court officer report
#Filing
Eureka 93 Inc. et al commenced proceedings in Ontario under BIA s. 50.4 by filing a notice of intention to make a proposal, court file 33-2618511.
#Filing
Responding Motion Record of Dominion Capital LLC returnable March 4, 2020.pdf — Response / objection pleading
#Filing
Supplementary Motion Record of Eureka 93 Inc. et al dated February 25, 2020.pdf was filed. Court file 33-2618511.
Source: Supplementary Motion Record of Eureka 93 Inc. et al dated February 25, 2020.pdf
#Filing
Book of Authorities of Eureka 93 Inc. et al regarding February 25, 2020 Motion.pdf — Application / notice of application
#Filing
Motion Record of Eureka 93 Inc. et al to be heard on February 25, 2020.pdf — Application / notice of application
#Filing
Certificate for the Notice of Intention - LievWell Foods Canada Inc.pdf — NOI certificate of filing
#Filing
Certificate for the Notice of Intention - Vitality CBD Natural Health Products Inc.pdf — NOI certificate of filing
Undated filings13 — no date appears on the document · show
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Claims
Proof of Claim Form – LiveWel lFoods Canada Inc.pdf — Claims process approved
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Claims
Proof of Claim Form – Vitality CBD Natural Health Products Inc.pdf — Claims process approved
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Claims
Voting Letter – Vitality CBD Natural Health Products Inc.pdf — Meeting of creditors
Parties
Debtor
Eureka 93 Inc. et al
Proposal trustee
Deloitte
Bench and counselPer the orders and service lists on the record
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice MacLeod | Ontario Superior Court of Justice | 11 orders, Mar 2020 – Nov 2020 | 22 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| Proposal trusteeDeloitte | Blaney McMurtry LLP | 14 Sep 2020 | Application · 14 Sep 2020 |
| CreditorDelsan-A.I.M | McMillan LLP | 26 Aug 2020 | Application · 26 Aug 2020 |
| CreditorFirst Mortgagee, Olympia Trust Company | Siskinds LLP | 26 Aug 2020 | Application · 26 Aug 2020 |
Capital structureAs asserted in the filings
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Sprouter Corporation Inc., David Van Segbrook and Donna Van Segbrook (Interim Lenders)as of Commitment dated February 3, 2020 — Proposed super-priority security interest in all present and after-acquired assets, property and undertaking (the Property/Collateral), ranking ahead of all encumbrances except the proposed Administration Charge; non-revolving term credit facility limit CDN $2,300,000 (facility amount, not outstanding balance) — Interim (DIP) financing subject to court approval; not yet advanced as of report date; commitment fee $320,000 non-refundable upon BIA Initial Order — debtor: Eureka 93 Inc., LiveWell Foods Canada Inc., Artiva Inc., Vitality CBD Natural Health | $2.3M | First Report of Proposal Trustee .pdf |
RecoveriesAs stated in the filings
Unsecured creditors: a distribution.Under the plan · sanctionedProposal Approval Motion returnable November 13, 2020.pdf · 22 Oct 2020
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | — | — | paid in full | Under the plansanctionedper the debtor | Amended Joint Proposal of Artiva Inc. and LiveWell Foods Canada Inc.… · 26 Aug 2020 |
| Preferred | — | — | paid in full | Under the plansanctionedper the proposal trustee | Proposal Approval Motion returnable November 13, 2020.pdf · 22 Oct 2020 |
| Unsecured | — | — | of proven claimsconditional | Under the plansanctionedper the proposal trustee | Proposal Approval Motion returnable November 13, 2020.pdf · 22 Oct 2020 |
| Unsecured | Related Creditors | — | not yet estimatedconditional | Under the plansanctionedper the proposal trustee | Proposal Approval Motion returnable November 13, 2020.pdf · 22 Oct 2020 |
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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See all plansDocuments
73 filings
| Date | Document | File |
|---|---|---|
Proposal Approval Order Amended and Restated Novmber 13, 2020.pdf
| PDF · Subscribers | |
| Notice of Motion re Arrangement of Artiva & LiveWell to be heard November 13, 2020.pdf | PDF · Subscribers | |
Proposal Approval Motion returnable November 13, 2020.pdf
| PDF · Subscribers | |
Decision and Reasons of Justice MacLeod re Appeal by Note holders .pdf
| PDF · Subscribers | |
Endorsement of Justice MacLeod .pdf
| PDF · Subscribers | |
Notice of Motion of Proposal Trustee re Security for Costs to be heard .pdf
| PDF · Subscribers | |
| Supplemental Report to the Ninth Report of Proposal Trustee with Appendices.pdf | PDF · Subscribers | |
| Supplementary Motion Record of Proposal Trustee re Security for Costs .pdf | PDF · Subscribers | |
| Ninth Report of Proposal Trustee .pdf | PDF · Subscribers | |
Notice to Creditors re Bankruptcy .pdf
| PDF · Subscribers | |
Case Conference Order and Directions of RSJMacLeod .pdf
| PDF · Subscribers | |
| Certificate of Assignment .pdf | PDF · Subscribers | |
| Eighth Report of Proposal Trustee .pdf | PDF · Subscribers | |
Amended Joint Proposal of Artiva Inc. and LiveWell Foods Canada Inc. dated August 26, 2020.pdf
| PDF · Subscribers | |
| Amended Proposal of Eureka 93 Inc. dated August 26, 2020.pdf | PDF · Subscribers | |
Amended Proposal of Vitality CBD Natural Health Products Inc. dated August 26, 2020.pdf
| PDF · Subscribers | |
Notice of Motion of Dominion Capital LLC (Disallowance Appeal) .pdf
| PDF · Subscribers | |
| Trustee's Supplemental Report on Amended Joint Proposal of Artiva and Livewell.pdf | PDF · Subscribers | |
| Case Conference Memorandum of RSJ MacLeod .pdf | PDF · Subscribers | |
| Notice of Reconvened Meeting of Creditors of Artiva.pdf | PDF · Subscribers | |
| Notice of Reconvened Meeting of Creditors of Eureka 93.pdf | PDF · Subscribers | |
| Notice of Reconvened Meeting of Creditors of LiveWell.pdf | PDF · Subscribers | |
Notice of Reconvened Meeting of Creditors of Vitality.pdf
| PDF · Subscribers | |
Case Conference Order and Direction of RSJ MacLeod released August 4, 2020.pdf
| PDF · Subscribers | |
Decision and Reasons of RSJ MacLeod .pdf
| PDF · Subscribers | |
Case Conference Order of RSJ MacLeod dated June 30, 2020.pdf
| PDF · Subscribers | |
Case Conference Order of RSJ MacLeod dated June 22, 2020.pdf
| PDF · Subscribers | |
Artiva Inc. – Creditor Package including Trustee’s Report on the Proposal.pdf
| PDF · Subscribers | |
Eureka 93 Inc. - Creditor Package including Trustee's Report on the Proposal Redacted.pdf
| PDF · Subscribers | |
LiveWell Foods Canada Inc. – Creditor Package including Trustee’s Report on the Proposal.pdf
| PDF · Subscribers | |
| Vitality CBD Natural Health Products Inc. – Creditor Package including Trustee’s Report on the Proposal.pdf | PDF · Subscribers | |
| Seventh Report of Proposal Trustee .pdf | PDF · Subscribers | |
| Sixth Report of Proposal Trustee .pdf | PDF · Subscribers | |
| Fifth Report of Proposal Trustee .pdf | PDF · Subscribers | |
Order of Justice MacLeod dated April 23, 2020.pdf
| PDF · Subscribers | |
| Fourth Report of Proposal Trustee .pdf | PDF · Subscribers | |
| Notice of Motion of Eureka 93 Inc. et al .pdf | PDF · Subscribers | |
| Third Report of the Proposal Trustee .pdf | PDF · Subscribers | |
| Second Report of Proposal Trustee .pdf | PDF · Subscribers | |
Decision and Reasons of Justice MacLeod .pdf
| PDF · Subscribers | |
Order of Justice MacLeod dated March 9, 2020.pdf
| PDF · Subscribers | |
| Book of Authorities of Dominion Capital LLC .pd | PDF · Subscribers | |
| Factum of Dominion Capital LLC .pdf | PDF · Subscribers | |
Reply Motion Record dated March 2, 2020.pdf
| PDF · Subscribers | |
| Supplemental Brief of Authorities .pdf | PDF · Subscribers | |
| Responding Motion Record of Dominion Capital LLC returnable March 4, 2020.pdf | PDF · Subscribers | |
| Book of Authorities of Eureka 93 Inc. et al regarding February 25, 2020 Motion.pdf | PDF · Subscribers | |
| Exhibits to Poli Affidavit regarding February 25, 2020 Motion.pdf | PDF · Subscribers | |
| Factum of Eureka 93 Inc. et al regarding February 25, 2020 Motion.pdf | PDF · Subscribers | |
Supplementary Motion Record of Eureka 93 Inc. et al dated February 25, 2020.pdf
| PDF · Subscribers | |
| Artiva Inc. - Creditor Package .pdf | PDF · Subscribers | |
| Eureka 93 Inc. - Creditor Package .pdf | PDF · Subscribers | |
First Report of Proposal Trustee .pdf
| PDF · Subscribers | |
| Livewell Foods - Creditor Package .pdf | PDF · Subscribers | |
| Vitality CBD Natural Health Products Inc. - Creditor Package .pdf | PDF · Subscribers | |
Motion Record of Eureka 93 Inc. et al to be heard on February 25, 2020.pdf
| PDF · Subscribers | |
| Certificate for the Notice of Intention - Artiva Inc.pdf | PDF · Subscribers | |
| Certificate for the Notice of Intention - Eureka 93 Inc.pdf | PDF · Subscribers | |
| Certificate for the Notice of Intention - LievWell Foods Canada Inc.pdf | PDF · Subscribers | |
| Certificate for the Notice of Intention - Vitality CBD Natural Health Products Inc.pdf | PDF · Subscribers | |
| Proof of Claim Form - Bankruptcy.pdf | PDF · Subscribers | |
| Proof of Claim Form – Artiva Inc.pdf | PDF · Subscribers | |
| Proof of Claim Form – Eureka 93 Inc.pdf | PDF · Subscribers | |
| Proof of Claim Form – LiveWel lFoods Canada Inc.pdf | PDF · Subscribers | |
| Proof of Claim Form – Vitality CBD Natural Health Products Inc.pdf | PDF · Subscribers | |
| Proxy - Vitality CBD Natural Health Products Inc.pdf | PDF · Subscribers | |
| Proxy – Artiva Inc.pdf | PDF · Subscribers | |
| Proxy – Eureka 93 Inc.pdf | PDF · Subscribers | |
| Proxy – LiveWell Foods Canada Inc.pdf | PDF · Subscribers | |
| Voting Letter – Artiva Inc.pdf | PDF · Subscribers | |
| Voting Letter – Eureka 93 Inc.pdf | PDF · Subscribers | |
| Voting Letter – LiveWell Foods Canada Inc.pdf | PDF · Subscribers | |
| Voting Letter – Vitality CBD Natural Health Products Inc.pdf | 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., “Eureka 93 Inc. et al” (NOI), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/eureka-93-inc-et-al