Endorsement of Justice Penny (Approval of Proposal) dated October 7, 2019 — Endorsement / reasons
FT EnE Canada Inc.
Follow- Proceeding
- ProposalBIA Div. I
- File
- 32-2480036
FT EnE Canada Inc. has been in Division I proposal proceedings under the Bankruptcy and Insolvency Act since March 22, 2019, with MNP Ltd. acting as Licensed Insolvency Trustee and the matter carried on the Ontario Superior Court of Justice (Commercial List) under court file no. 32-2480036. The Form 33 list of creditors with claims of $250 or more, as at the notice of intention filing date, is dominated by a related-party claim of $6,052,162.47 owed to FT EnE Inc, a South Korean parent or affiliate, and $1,863,455.07 owed to Royal Bank of Canada. Other listed unsecured claims are far smaller, including $29,393.59 to the County of Brant and a $3,500 regulatory claim by the Workplace Safety and Insurance Board. The proceeding remains active.
Order Justice Penny (Approval of Proposal) dated October 7, 2019 — Plan sanction / final order
Book of Authorities (Motion returnable September 16, 2019) dated September 25, 2019 — Application / notice of application
The officer filed report no. Supplementary Report to the Report of Trustee on Proposal (the Fifth Report to the Court). The Proposal Trustee reports the Company has fulfilled funding for outstanding administrative fees and expenses, provided additional requested information to FTEI, and FTEI has arranged a site inspection of the Real Property, all as required under the Amended Proposal.
Source: Supplementary to Fifth Report- dated September 13, 2019
Responding Record and Cross-Motion of the Moving Party, Finetex, EnE Inc. (Returnable September 18 2019 ), dated September 11, 2019 — Response / objection pleading
Motion Record (Returnable September 18 2019 ) dated September 10, 2019 — Application / notice of application
The officer filed a report. The Company continues to operate and employ its 15 employees while the proposal proceedings continue amid an ongoing management dispute with its parent, FTEI; its real property has already been sold and the proceeds used mainly to repay RBC.
Source: Report to Court re Court Approval (Returnable September 18, 2019) dated September 6, 2019
Endorsement of Justice Conway (Case Conference re: production of records) dated July 22, 2019 — Endorsement / reasons
Endorsement of Justice Penny (extension to file to July 8, 2019) dated June 24, 2019 — Endorsement / reasons
Endorsement of Justice Penny (Motion of Moving Party, Finetex, EnE Inc.) dated June 27, 2019 — Endorsement / reasons
Fourth Report of the Proposal Trustee (Returnable June 24, 2019) dated June 21, 2019 — Court officer report
Motion Record (returnable June 24, 2019) dated June 18, 2019 — Application / notice of application
Order of Justice Penny (extension to file to June 24, 2019), dated May 3, 2019 — Order (other)
The court granted an approval and vesting order for the sale to Edwards Protech Ltd. Closing terms, as extracted: Vesting effective upon delivery of Trustee's Certificate confirming payment of Purchase Price, satisfaction/waiver of closing conditions, and completion of the Transaction.
Source: Approval and Vesting Order of Justice Penny, dated June 7, 2019
Endorsement of Justice Penny re AVO and Corollary Relief, dated June 7, 2019 — Endorsement / reasons
Third Report of the Proposal Trustee (Returnable June 7, 2019) dated June 6, 2019 — Court officer report
Book of Authorities of Moving Party, Finetex, EnE, Inc., dated June 5, 2019 — Application / notice of application
Motion Record of the Moving Party, Finetex, EnE Inc., dated June 4, 2019 — Application / notice of application
Order of Justice Penny (extension to file to May 10, 2019), dated March 28, 2019 — Sale process approval order
Motion Record (returnable May 3, 2019) dated April 30, 2019 — Application / notice of application
Second Report of the Proposal Trustee (Returnable May 3, 2019) dated May 2, 2019 — Court officer report
First Report of the Proposal Trustee (Returnable March 28, 2019) dated March 26, 2019 — Court officer report
Revised proposed Order (re: Motion returnable March 28, 2019) – Blacklined Version — Sale process approval order
Opened the Division I proposal proceeding on the Commercial List of the Ontario Superior Court of Justice, carrying court file number 32-2480036.
Debtor
FT EnE Canada Inc.
Proposal trustee
MNP
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Penny | Ontario Superior Court of Justice | 8 orders, May 2019 – Oct 2019 | 179 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| DebtorFT EnE Canada Inc. | Blaney McMurtry LLP | 28 Mar 2019 | Application · 28 Mar 2019 |
| CreditorFinetex, EnE, Inc | BAKER & McKENZIE LLP | 5 Jun 2019 | Factum · 5 Jun 2019 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Unsecured | FT EnE Incas of NOI filing date — Related party (parent/affiliate, South Korea) — debtor: FT ENE Canada Inc. | $6.05M | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Royal Bank of Canada · in 556 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $1.86M | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | County of Brantas of NOI filing date — debtor: FT ENE Canada Inc. | $29.4K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Filtration Technologies Internationalas of NOI filing date — debtor: FT ENE Canada Inc. | $8.3K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | TLS - Truck Load Services Incas of NOI filing date — debtor: FT ENE Canada Inc. | $8.27K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | BDO Canada LLP · in 36 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $5K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Wood Enviroment & Infastructure Solutionsas of NOI filing date — debtor: FT ENE Canada Inc. | $4.4K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Hub International · in 10 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $4.2K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Workplace Safety and Insurance Board c/o Collection Services · in 3 casesas of NOI filing date — regulatory — debtor: FT ENE Canada Inc. | $3.5K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Stuart Hunt and Associatesas of NOI filing date — debtor: FT ENE Canada Inc. | $3.37K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | IBC Computersas of NOI filing date — debtor: FT ENE Canada Inc. | $3.34K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Kings Wood Products · in 3 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $3.14K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | R.K. Custom Fabrication & Weldingas of NOI filing date — debtor: FT ENE Canada Inc. | $3.11K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Waste Connections Of Canada Inc. · in 49 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $1.16K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Home Depot Credit Services · in 13 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $1.16K | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Gerrie Electric Wholesale Ltdas of NOI filing date — debtor: FT ENE Canada Inc. | $736 | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | CR Strapping Incas of NOI filing date — debtor: FT ENE Canada Inc. | $726 | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Imperial Oil · in 29 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $462 | Notice to Creditors of NOI dated March 5, 2019 |
| Unsecured | Bell · in 27 casesas of NOI filing date — debtor: FT ENE Canada Inc. | $320 | Notice to Creditors of NOI dated March 5, 2019 |
2 transactions · 1 approved · 1 not completed — Approval and Vesting Order issued authorizing sale of the Real Property to the purchaser identified through the SISPReport to Court re Court Approval (Returnable September 18, 2019) dated… · 18 Sep 2019
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Edwards Protech Ltd.the Company's right, title and interest in and to the assets described in the Sale Agreement (the "Purchased Assets") · asset sale · nominee/assignee: 1411334 ontario inc. · agreement 15 May 2019 | not stated | Approved7 Jun 2019 | Approval and Vesting Order of Justice Penny,… |
| 1411334 Ontario Inc.the Purchased Assets · asset sale · nominee/assignee: 1411334 Ontario Inc. · agreement 15 May 2019 | not stated | Not completeddate not stated | Fourth Report of the Proposal Trustee… |
Unsecured creditors: paid in full. National Bank of Canada short.Under the plan · sanctionedReport to Court re Court Approval (Returnable September 18, 2019) · 18 Sep 2019
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | National Bank of Canada | — | shortfall | — | Book of Authorities of Moving Party, Finetex, EnE, Inc. · 5 Jun 2019 |
| Landlord | Landlord Guarantee Creditors | — | paid in full | Under the plansanctioned | Book of Authorities (Motion returnable September 16, 2019) · 16 Sep 2019 |
| Preferred | — | — | no distribution | Under the plansanctionedper the proposal trustee | Supplementary to Fifth Report · 13 Sep 2019 |
| Unsecured | — | — | paid in full | Under the plansanctionedper the proposal trustee | Report to Court re Court Approval (Returnable September 18, 2019) · 18 Sep 2019 |
| Unsecured | Related Party Creditors who have subordinated their claim | — | no distribution | Under the plansanctionedper the trustee | Notice to Creditors (Creditors Package) · 13 Aug 2019 |
| Equity | — | — | no distribution | Under the plansanctioned | Book of Authorities (Motion returnable September 16, 2019) · 16 Sep 2019 |
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.
2 engagements · 2 firms — latest: MNP Ltd., 19 Feb – 31 Mar 2019Second Report of the Proposal Trustee (Returnable May 3, 2019) · 3 May 2019
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| MNP Ltd.Trustee | 19 Feb – 31 Mar 2019Sought | — | — | $407.71stated average | Second Report of the Proposal Trustee (Returnable May 3, 2019) · 3 May 2019 |
| Pallett Valo LLPCounsel | the PeriodSought | — | $68,572.64 | $491.14stated average | Supplementary to Fifth Report · 13 Sep 2019 |
As at 2 Aug 2019 · per Statement of Affairs; estimated realizable values · entity - FT EnE Canada Inc. — Assets per SOA: Inventory $100,000; Accounts receivable (net) $368,149; Refunds - SIMA and HST $200,000; Cash in Bank $387,522; Cash collateral held by RBC $50,000; Trust account - Blaneys $50,000; Trust account - MNP re S.65.13(8) $36,000; Vehicles - Ford F150 $500; Machinery, equipment and plant $1,000,000. Creditors per SOA: Secured $36,001; Preferred $0; Unsecured $46,430; Contingent/trust/other $1. Unsecured creditors figure includes $1 owing to FTEI which the Trustee notes 'is not necessarily reflective of the actual amount owing to FTEI' as FTEI's NOI showed ~$6 million owing.
Professional fees to date
$132K
As at 13 Sep 2019Supplementary to Fifth Report- dated September 13, 2019
| Date | Document | File |
|---|---|---|
Endorsement of Justice Penny (Approval of Proposal) dated October 7, 2019
| ||
Order Justice Penny (Approval of Proposal) dated October 7, 2019
| ||
Report to Court re Court Approval (Returnable September 18, 2019) dated September 6, 2019
| ||
| Factum and Book of Authorities of the Proposal Trustee (Returnable September 18 2019) dated September 17, 2019 | ||
Book of Authorities (Motion returnable September 16, 2019) dated September 25, 2019
| ||
Supplementary to Fifth Report- dated September 13, 2019
| ||
| Responding Record and Cross-Motion of the Moving Party, Finetex, EnE Inc. (Returnable September 18 2019 ), dated September 11, 2019 | ||
| Motion Record (Returnable September 18 2019 ) dated September 10, 2019 | ||
Amended Proposal - Blacklined dated August 29, 2019
| ||
| Amended Proposal dated August 29, 2019 | ||
Notice to Creditors (Creditors Package) dated August 13, 2019
| ||
Report of Trustee to the Creditors dated August 13, 2019
| ||
Proposal dated August 2, 2019
| ||
Endorsement of Justice Conway (Case Conference re: production of records) dated July 22, 2019
| ||
Endorsement of Justice Penny (extension to file to July 8, 2019) dated June 24, 2019
| ||
Endorsement of Justice Penny (Motion of Moving Party, Finetex, EnE Inc.) dated June 27, 2019
| ||
Fourth Report of the Proposal Trustee (Returnable June 24, 2019) dated June 21, 2019
| ||
Motion Record (returnable June 24, 2019) dated June 18, 2019
| ||
| Order of Justice Penny (extension to file to June 24, 2019), dated May 3, 2019 | ||
Approval and Vesting Order of Justice Penny, dated June 7, 2019
| ||
Corollary Order of Justice Penny , dated June 7, 2019
| ||
| Endorsement of Justice Penny re AVO and Corollary Relief, dated June 7, 2019 | ||
| Third Report of the Proposal Trustee (Returnable June 7, 2019) dated June 6, 2019 | ||
Book of Authorities of Moving Party, Finetex, EnE, Inc., dated June 5, 2019
| ||
Factum of Moving Party, Finetex, EnE, Inc., dated June 5, 2019
| ||
| Motion Record dated June 4, 2019 | ||
| Motion Record of the Moving Party, Finetex, EnE Inc., dated June 4, 2019 | ||
Endorsement of Justice Penny, dated May 21, 2019
| ||
Order of Justice Penny (extension to file to May 10, 2019), dated March 28, 2019
| ||
Endorsement of Justice Penny, dated May 3, 2019
| ||
Motion Record (returnable May 3, 2019) dated April 30, 2019
| ||
Second Report of the Proposal Trustee (Returnable May 3, 2019) dated May 2, 2019
| ||
| Endorsement of Justice Penny, dated March 28, 2019 | ||
| First Report of the Proposal Trustee (Returnable March 28, 2019) dated March 26, 2019 | ||
| Revised proposed Order (re: Motion returnable March 28, 2019) – Blacklined Version | ||
Sales Process, Extension to file a Proposal, Motion Record (returnable March 28, 2019) dated March 22, 2019
| ||
Notice to Creditors of NOI dated March 5, 2019
| ||
| Certificate of Filing of NOI | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “FT EnE Canada Inc.” (Proposal), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/ft-ene-canada-inc