Kew Media Group Inc.
- Proceeding
- Receivership (court-appointed)BIA s. 243 / prov. Judicature Acts
Kew Media Group Inc. was placed in court-appointed receivership in the Ontario Superior Court of Justice on February 28, 2020, under BIA s. 243 and provincial Judicature Act authority. The company's unaudited books and records showed combined assets of Kew Media Group and Kew Media International (Canada) Inc. of CAD 86,921,000 as at January 31, 2020, against secured indebtedness of CAD 151,336,000 owing as at February 25, 2020 to Truist Bank as administrative agent for the lending syndicate, denominated in USD at US$113,786,709.05 and converted at an implied rate of 1.33. The affidavit of Juan De Jesus-Caballero anticipated a significant shortfall on the secured debt and no funds available to unsecured creditors, whose listed claims include Grant Thornton LLP at CAD 1,553,311.63 and Goodmans LLP at CAD 1,458,254.60. The proceeding is closed.
Application Record of the Applicant Volume 1 of 3 - Returnable Feb 28, 2020 — Application / notice of application
Application Record of the Applicant Volume 2 of 3 - Returnable Feb 28, 2020 — Application / notice of application
Application Record of the Applicant Volume 3 of 3 - Returnable Feb 28, 2020 — Application / notice of application
Factum of the Receiver (Motion for Distribution and Fee Approval, returnable December 8, 2020) — Application / notice of application
Motion Record (Extending Time for Service of Statement of Claim and other relief), returnable January 18, 2021 — Application / notice of application
Motion Record (Returnable May 25, 2023) (Receiver's Discharge) — Application / notice of application
Motion Record of the Plaintiff (Motion for an Order Directing the Receiver to: (1) Attend a Judicial Mediation Aimed at Preserving Insurance Coverages; and (2) Cause Kew Media Group Inc. to Defend and Contest the Class Action), returnable on a date to be fixed — Application / notice of application
Motion Record of the Receiver (returnable April 14, 2020) — Application / notice of application
Motion Record of the Receiver, re: Motion for Distribution and Fee Approval returnable December 8, 2020 — Application / notice of application
Notice of Motion - Sale approval, re: TCB Media Rights Ltd (returnable April 14, 2020) — Notice of hearing
Plaintiff's Motion Record, re: Lift stay and related matters (Returnable October 7, 2021) — Application / notice of application
Endorsement of Justice Koehnen dated July 14, 2020, re: Lift Stay Order — Endorsement / reasons
Debtor
Kew Media Group Inc.
Receiver
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Koehnen | Ontario Superior Court of Justice | 10 orders, Feb 2020 – May 2023 | 83 cases on record |
| Justice McEwen | Ontario Superior Court of Justice | 5 orders, Aug 2020 – May 2023 | 143 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| ReceiverFTI | Torys LLP | 14 Apr 2020 | Order · 14 Apr 2020 |
| Applicant | Foreman & Company · Kalloghlian Myers LLP | 18 Jan 2021 | Order · 8 Oct 2021 |
| Applicantplaintiffs in Alex Kan et al | Foreman & Company | 19 May 2023 | Application · 19 May 2023 |
| ApplicantTruist Bank, as Agent | Dentons Canada LLP | 18 Jan 2021 | Service list · 18 Jan 2021 |
| DebtorKew Media Group Inc. | Goodmans LLP | 24 May 2023 | Factum · 24 May 2023 |
| CreditorAlex Kan and Stuart Rath | Foreman & Company · Kalloghlian Myers LLP | 18 Jan 2021 | Service list · 18 Jan 2021 |
| CreditorArgonon Ltd | Blake, Cassels & Graydon LLP | 18 Jan 2021 | Service list · 18 Jan 2021 |
| CreditorBeyond Entertainment Limited | McMillan LLP | 18 Jan 2021 | Service list · 18 Jan 2021 |
| CreditorKalloghlian 250 Toronto, Paul | Kalloghlian Myers LLP | 19 May 2023 | Factum · 19 May 2023 |
| CreditorPaul Heaney and Dina Subhani | McMillan LLP | 18 Jan 2021 | Service list · 18 Jan 2021 |
| CreditorShaftesbury Films Inc | Lenczner Slaght Royce Smith Griffin LLP | 18 Jan 2021 | Service list · 18 Jan 2021 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Truist Bank, as Administrative Agent for the lending syndicateSecurity interest over the Property of the Company — Table stated in ($000's of CAD); amount denominated in USD totaling US$113,786,709.05 at implied CAD/USD FX rate of 1.33 as at February 25, 2020; expected significant shortfall on secured indebtedness per affidavit of Juan De Jesus-Caballero. — debtor: Kew Media Group Inc. and Kew Media International (Canada) Inc. · as of 25 Feb 2020 | $151M | Notice and Statement of the Receiver |
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured | |||
| 8 | Unsecured |
44 more claims in 1 class The stack holds Secured and Unsecured claims.
Every creditor and every amount, drawn to scale.
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See all plansUnsecured creditors: no distribution. Secured Creditors short · Senior Lenders short · Syndicate short.FinalFinal Report of the Receiver · 19 Oct 2023
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | — | — | short by | Finalper the receiver | Final Report of the Receiver · 19 Oct 2023 |
| Secured | Secured Creditors | — | shortfall | Estimatedper the receiver | Plaintiff's Motion Record, re: Lift stay and related matters · 19 May 2023 |
| Secured | Senior Lenders | — | short by conditional | Estimatedper the receiver | Fourth Report of the Receiver · 29 Sep 2021 |
| Secured | Syndicate | — | short by | Estimatedper the receiver | Motion Record of the Receiver · 6 Apr 2020 |
| Secured | Truist Bank, Bank of Montreal and Toronto-Dominion Bank (banking syndicate) | — | shortfall | Estimated | Plaintiff's Motion Record, re: Lift stay and related matters for the… · 19 May 2023 |
| Secured | Truist Bank, as Administrative Agent for the lending syndicate | — | shortfall | Estimatedper the receiver | Notice and Statement of the Receiver · 28 Feb 2020 |
| SecuredSyndicate Indebtedness | Truist Bank, as Agent, for the Syndicate | — | short by | Estimatedper the receiver | Motion Record of the Receiver, re: Motion for Distribution and Fee… · 19 May 2023 |
| Secured | Truist Bank, as Agent, on behalf of the Syndicate (Truist Bank, Bank of Montreal, Toronto-Dominion Bank) | — | short by | Estimatedper the receiver | Factum of the Receiver (Motion for Distribution and Fee Approval · 4 Dec 2020 |
| Unsecured | — | — | no distribution | Finalper the receiver | Final Report of the Receiver · 19 Oct 2023 |
| Unsecured | KMG | — | paid in full | per the receiver | First Report of the Receiver · 6 Apr 2020 |
| Equity | — | — | no distribution | Estimatedper the receiver | Motion Record (Extending Time for Service of Statement of Claim and… · 19 May 2023 |
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.
5 blurred figures 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 plans2 engagements · 2 firms — latest: Dentons Canada LLP, 28 Feb – 31 Oct 2020Motion Record of the Receiver, re: Motion for Distribution and Fee… · 19 May 2023
| Firm | Period | Hours | Fees | Rates | Source |
|---|---|---|---|---|---|
| Dentons Canada LLPCounsel to the receiver | 28 Feb – 31 Oct 2020 | — | — | not stated | Motion Record of the Receiver, re: Motion for Distribution and Fee… · 19 May 2023 |
| FTI Consulting Canada Inc.Receiver | — | — | — | Third Report of the Receiver · 23 Nov 2020 |
1 blurred figure above
What each firm billed — each as the filing states it, with its source.
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See all plansAs at ·
The total 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 |
|---|---|---|
| Discharge Certificate | PDF · Subscribers | |
Final Report of the Receiver
| PDF · Subscribers | |
| Receivership Termination Certificate | PDF · Subscribers | |
Endorsement of Justice McEwen dated May 25, 2023 re: Orders dated May 25, 2023 (Order & Fee Approval and Discharge Order)
| PDF · Subscribers | |
Fee Approval and Discharge Order
| PDF · Subscribers | |
| Order | PDF · Subscribers | |
Factum of the Respondents (Motion Returnable May 25, 2023)
| PDF · Subscribers | |
| Application Record of the Applicant Volume 1 of 3 - Returnable Feb 28, 2020 | PDF · Subscribers | |
| Application Record of the Applicant Volume 2 of 3 - Returnable Feb 28, 2020 | PDF · Subscribers | |
| Application Record of the Applicant Volume 3 of 3 - Returnable Feb 28, 2020 | PDF · Subscribers | |
| BOOK OF AUTHORITIES OF ALEX KAN AND STUART RATH (Lift Stay and Carriage) (Motion Returnable: July 14, 2020) | PDF · Subscribers | |
| Book of Authorities of Alex Kan and Stuart Rath | PDF · Subscribers | |
| Draft Lift Stay Order | PDF · Subscribers | |
| Draft lift stay order (class action) | PDF · Subscribers | |
| FACTUM OF ALEX KAN AND STUART RATH (Lift Stay and Carriage) (Motion Returnable: July 14, 2020) | PDF · Subscribers | |
| Factum (Extending Time for Service of the Statement of Claim and Removing Thornton Grout Finnigan as Class Counsel) | PDF · Subscribers | |
Factum of the Moving Parties
| PDF · Subscribers | |
| Factum of the Receiver (Motion Returnable May 25, 2023) | PDF · Subscribers | |
Factum of the Receiver (Motion for Distribution and Fee Approval, returnable December 8, 2020)
| PDF · Subscribers | |
| Factum of the Receiver (returnable April 14, 2020) | PDF · Subscribers | |
Motion Record (Extending Time for Service of Statement of Claim and other relief), returnable January 18, 2021
| PDF · Subscribers | |
Motion Record (Motion Returnable May 25, 2023)
| PDF · Subscribers | |
| Motion Record (Returnable May 25, 2023) (Receiver's Discharge) | PDF · Subscribers | |
Motion Record of the Plaintiff (Motion for an Order Directing the Receiver to: (1) Attend a Judicial Mediation Aimed at Preserving Insurance Coverages; and (2) Cause Kew Media Group Inc. to Defend and Contest the Class Action), returnable on a date to be fixed
| PDF · Subscribers | |
Motion Record of the Receiver (returnable April 14, 2020)
| PDF · Subscribers | |
Motion Record of the Receiver, re: Motion for Distribution and Fee Approval returnable December 8, 2020
| PDF · Subscribers | |
Motion for Order Lifting the Stay of Proceedings and Carriage of the Shareholder Class Proceeding on Behalf of Kew Media Shareholders (Motion Returnable: July 14, 2020)
| PDF · Subscribers | |
| Notice of Motion - Sale approval, re: TCB Media Rights Ltd (returnable April 14, 2020) | PDF · Subscribers | |
Plaintiff's Motion Record, re: Lift stay and related matters (Returnable October 7, 2021)
| PDF · Subscribers | |
Plaintiff's Motion Record, re: Lift stay and related matters for the securities class action against Kew Media Group Inc. (Motion returnable on a date to be fixed)
| PDF · Subscribers | |
Supplemental Motion for Order Lifting the Stay of Proceedings and Carriage of the Shareholder Class Proceeding on Behalf of Kew Media Shareholders (Motion Returnable: July 14, 2020)
| PDF · Subscribers | |
| Timetable for compelled defence motion | PDF · Subscribers | |
| Fifth Report of the Receiver | PDF · Subscribers | |
Sixth Interim Report of the Receiver - Section 246(2) of the BIA
| PDF · Subscribers | |
Fifth Interim Report of the Receiver - Section 246(2) of the BIA
| PDF · Subscribers | |
Fourth Interim Report of the Receiver - Section 246(2) of the BIA
| PDF · Subscribers | |
LIFT STAY ORDER (CLASS ACTION)
| PDF · Subscribers | |
Fourth Report of the Receiver
| PDF · Subscribers | |
First Interim Report of the Receiver - Section 246(2) of the BIA
| PDF · Subscribers | |
| Letter to Creditors | PDF · Subscribers | |
Notice and Statement of the Receiver
| PDF · Subscribers | |
Second Interim Report of the Receiver - Section 246(2) of the BIA
| PDF · Subscribers | |
Third Interim Report of the Receiver - Section 246(2) of the BIA
| PDF · Subscribers | |
Order (Extending Time for Service of the Statement of Claim and Removing Thornton Grout Finnigan as Class Counsel)
| PDF · Subscribers | |
Service list
| PDF · Subscribers | |
Order (First Fee Approval Order)
| PDF · Subscribers | |
Order (TCB Distribution Order)
| PDF · Subscribers | |
First Report of the Receiver
| PDF · Subscribers | |
Third Report of the Receiver
| PDF · Subscribers | |
Public Endorsement of the Honourable Mr. Justice McEwen
| PDF · Subscribers | |
Endorsement of Justice Koehnen dated July 14, 2020, re: Lift Stay Order
| PDF · Subscribers | |
Lift Stay Order
| PDF · Subscribers | |
Approval and Vesting Order (Sale of TCB Media Rights Ltd)
| PDF · Subscribers | |
Endorsement of Justice Koehnen dated April 14, 2020, re: sale of TCB Media Rights Ltd., repayment of borrowings and distribution orders
| PDF · Subscribers | |
Repayment and Distribution order (Repayment of Borrowings and Distribution to Agent)
| PDF · Subscribers | |
Supplementary Endorsement of Justice Koehnen
| PDF · Subscribers | |
Endorsement of Justice Koehnen
| PDF · Subscribers | |
Order (appointing Receiver) of Justice Koehnen
| PDF · Subscribers | |
Unofficial Transcript of Endorsement of Justice Koehnen
| 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., “Kew Media Group Inc.” (Receivership (court-appointed)), Ontario Superior Court of Justice. Retrieved 4 November 2026, https://proceedings.ca/case/kew-media-group-inc