Proceedings.

KMW Energy Inc

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Active
Proceeding
NOIBIA s. 50.4
Court
Ontario Superior Court of Justice
File
35-2638322
Filings held18
Last activity22 Jun 2020
On the record2,330 days
Secured debt$2.78M
OverviewSummary updated

KMW Energy Inc is in an active notice of intention proceeding under s. 50.4 of the BIA, commenced June 18, 2020 in the Ontario Superior Court of Justice (Commercial List, In Bankruptcy and Insolvency) under court file 35-2638322, with MNP LTD. as Proposal Trustee. The NOI lists creditors with claims of $7.033MM as at April 6, 2020, an aggregate that includes Nor-Arc Steel Fabricators' secured claim of approximately $2.778MM as of the April 11, 2020 Filing Date, held under a general security agreement dated April 12, 2011. Nor-Arc had served a s. 244(1) notice to enforce security on April 9, 2020, which KMW waived; the debt and security were assigned on April 20, 2020 to 2751602 Ontario Inc., the DIP Lender and a Nor-Arc related party. Liberty Mutual Insurance Company registered a PPSA security interest on April 17, 2020 and holds contingent exposure as issuer of a $6.413M performance bond in favour of Georges River Energy, LLC.

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Case updates18 dated entries
#Report

The officer filed report no. Second Report. KMW continued operating under NOI protection while the Proposal Trustee's stalking horse sale process failed to attract any competing qualified bids by the Bid Deadline; the Trustee now recommends court approval of the Stalking Horse APA sale of substantially all assets to the DIP Lender/Stalking Horse Bidder, who intends to retain all current employees, so the Company can exit NOI proceedings and continue as a going concern.

Source: Second Report without Appendices dated June 18, 2020

Parties

Debtor

KMW Energy Inc

Proposal trustee

MNP

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice HaineyOntario Superior Court of Justice4 orders, May 2020 – Jun 2020196 cases on record

Counsel of record

PartyCounselFirst seenSource
Proposal trusteeMNPWeisz Fell Kour LLP18 Jun 2020Application · 18 Jun 2020
DebtorKMW Energy IncChaitons LLP22 Jun 2020Application · 22 Jun 2020
CreditorGeorges River Energy, LLCCassels Brock & Blackwell LLP15 May 2020Endorsement · 15 May 2020
Capital structureAs asserted in the filings
stated amounts, drawn to scale · 1 named without a figure
#Priority classCreditorAmountSource
4Secured462673 Ontario Inc. operating as Nor-Arc Steel Fabricators (assigned to 2751602 Ontario Inc., the DIP Lender, a party related to Nor-Arc, per assignment agreement dated April 20, 2020)as of 2020-04-11 (Filing Date) — General security agreement dated April 12, 2011 — Stated as approximately $2.778MM as of the Filing Date; does not include contingent liability under the Performance Bond plus interest, costs and fees as indemnitor. Legal counsel provided verbal opinion confirming valid and enforceable security, subject to standard assumptions and qualifications. Nor-Arc served Notice of Intention to Enforce Security under s.244(1) BIA on April 9, 2020; KMW waived the 10-day period. Debt and security later assigned to DIP Lender, a related party to Nor-Arc. — debtor: KMW Energy$2.78MFirst Report to Court - Appendices A to F
4SecuredLiberty Mutual Insurance Company · in 3 casesPPSA security interest registered April 17, 2020 — Registered security interest post-dates the April 10, 2020 PPSA search that identified Nor-Arc as KMW's only secured creditor. Liberty Mutual also holds contingent exposure as issuer of the $6.413M Performance Bond in favour of Georges River Energy, LLC, which it may pay out on. — debtor: KMW Energy Inc.—First Report to Court - Appendices A to F
8UnsecuredNORARC Steel Fabricatorsas of 11 Apr 2020$2.78MNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredRentech Boiler Systems (US) · in 2 casesas of 11 Apr 2020$654KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredPPC Industries · in 2 casesas of 11 Apr 2020$380KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredScheuch GmbH · in 2 casesas of 11 Apr 2020$353KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredDiamond Canapower · in 4 casesas of 11 Apr 2020$341KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredBell-Camp Manufacturing Inc. · in 2 casesas of 11 Apr 2020$313KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredEverMark Automation · in 2 casesas of 11 Apr 2020$241KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredDanstoker · in 2 casesas of 11 Apr 2020$165KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredSuper Radiator Coils · in 2 casesas of 11 Apr 2020$162KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredNordstrong Equipment Limited · in 3 casesas of 11 Apr 2020$150KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredArthur J. Gallagher · in 3 casesas of 11 Apr 2020$117KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredEthosEnergy Field Services, LLC · in 2 casesas of 11 Apr 2020$109KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredFlextech Industries · in 2 casesas of 11 Apr 2020$109KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredProcess Equipment Barron Industries · in 2 casesas of 11 Apr 2020$76.3KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredPaul Dan Maconnerie Inc. · in 2 casesas of 11 Apr 2020$75.7KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredNovatherm Energy Inc · in 2 casesas of 11 Apr 2020$73.1KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredD.R. Robinson Fabricating Ltd. · in 2 casesas of 11 Apr 2020$71.2KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredELTT Automation AB · in 2 casesas of 11 Apr 2020$69.7KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredWabi Iron and Steel Corp. · in 2 casesas of 11 Apr 2020$68.4KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredAdvanced Turbine Support · in 2 casesas of 11 Apr 2020$66.9KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredDamper Technology Canada · in 2 casesas of 11 Apr 2020$59.7KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredEcotherma Energie Inc. · in 2 casesas of 11 Apr 2020$56.1KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredMiller Thomson LONDON · in 2 casesas of 11 Apr 2020$52.4KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredHydraulique Nes · in 3 casesas of 11 Apr 2020$44.5KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredSEW-Eurodrive Canada · in 2 casesas of 11 Apr 2020$38.1KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredEnergy Resources Group, Inc. · in 2 casesas of 11 Apr 2020$37.4KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredWells Foundry · in 2 casesas of 11 Apr 2020$31.5KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredInvensys Systems Canada - Sylvan Automation · in 2 casesas of 11 Apr 2020$30KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredWajax Industrial Components · in 11 casesas of 11 Apr 2020$29.6KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredGösta Carlsons Isoleringsfirma i Hässleholm AB · in 2 casesas of 11 Apr 2020$28.6KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredVE Collective Inc. · in 2 casesas of 11 Apr 2020$25.7KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredLes Soudures Lebel · in 2 casesas of 11 Apr 2020$24.6KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredZ-Teknik AB · in 2 casesas of 11 Apr 2020$21.9KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredDavis Martindale LLP · in 2 casesas of 11 Apr 2020$19.2KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredGeorges River Energy · in 2 casesas of 11 Apr 2020$15KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredVäxjö Hydraulservice AB · in 2 casesas of 11 Apr 2020$13KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredElmer's Flighting Supply Inc. · in 2 casesas of 11 Apr 2020$12.2KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredDominion Automation Inc · in 2 casesas of 11 Apr 2020$8.99KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredHRS Services ULC · in 2 casesas of 11 Apr 2020$8.89KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredSulzer Pumps · in 3 casesas of 11 Apr 2020$8.8KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredManitoulin Transport Inc. · in 13 casesas of 11 Apr 2020$8.1KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredFLS Transportation Services Limited · in 5 casesas of 11 Apr 2020$7.88KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredHeidelberg Metal Inc. · in 2 casesas of 11 Apr 2020$7.39KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredMaverick Machine & Hydraulics ULC · in 4 casesas of 11 Apr 2020$6.92KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredMaple Systems Inc. · in 2 casesas of 11 Apr 2020$5.66KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredCameron Crane & Riggers Inc · in 2 casesas of 11 Apr 2020$5.52KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredFranklin Empire · in 13 casesas of 11 Apr 2020$5KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredDHL Express (Canada), Ltd. · in 33 casesas of 11 Apr 2020$4.62KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredRome Transportation Inc. · in 5 casesas of 11 Apr 2020$4.19KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredTransfab Energieas of 11 Apr 2020$4.05KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredMatrix Group Publishing Inc. · in 2 casesas of 11 Apr 2020$4.04KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredLuc Alvarez, ing. · in 2 casesas of 11 Apr 2020$3.78KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredInstrumart · in 3 casesas of 11 Apr 2020$3.67KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredBBI International, Inc. · in 2 casesas of 11 Apr 2020$2.29KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredBarry Windsor · in 2 casesas of 11 Apr 2020$2.27KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredLes Produits Forestiers D&G Ltee · in 2 casesas of 11 Apr 2020$2.25KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredT R Miles, Technical Consultants, Inc. · in 2 casesas of 11 Apr 2020$2.15KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredArthur J. Gallagher US · in 2 casesas of 11 Apr 2020$2.15KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredSven Jinert AB · in 2 casesas of 11 Apr 2020$1.48KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredBell Canada · in 298 casesas of 11 Apr 2020$1.41KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredPurolator Courier Ltd. · in 53 casesas of 11 Apr 2020$1.23KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredRevenue Canada QuebecCrown tax claim (CRA/Revenue Canada) — deemed-trust class, ranks ahead of ordinary unsecured · as of 11 Apr 2020$1.02KNotice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredBell Mobility · in 83 casesas of 11 Apr 2020$920Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredWestburne Ontario · in 5 casesas of 11 Apr 2020$824Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredEcho Janitorial Services · in 2 casesas of 11 Apr 2020$747Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredShelley Automation · in 6 casesas of 11 Apr 2020$703Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredMiller Thomson LLP KITCHENER · in 2 casesas of 11 Apr 2020$559Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredEnbridge Gas · in 47 casesas of 11 Apr 2020$558Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredLondon Hydro · in 20 casesas of 11 Apr 2020$551Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredBell Conferencing Inc. · in 10 casesas of 11 Apr 2020$543Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredLondon Business Machines Inc. · in 2 casesas of 11 Apr 2020$407Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredTaylor Fluid Systems Inc. · in 2 casesas of 11 Apr 2020$395Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredPetro-Canada · in 22 casesas of 11 Apr 2020$354Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredJET Fluid Systems Inc. · in 2 casesas of 11 Apr 2020$311Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
8UnsecuredJM Stoffteknik ABas of 11 Apr 2020$275Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020

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

RecoveriesAs stated in the filings

Unsecured creditors: no distribution.EstimatedSecond Report without Appendices · 18 Jun 2020

ClassCreditorClaimsRecoveryBasisSource
Unsecured——no distributionEstimatedper the proposal trusteeSecond Report without Appendices · 18 Jun 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.

Fees and ratesAs stated in the filings

5 engagements · 2 firms — latest: Weisz Fell Kour LLP, 10 Apr – 17 Jun 2020Second Report (with appendices) · 18 Jun 2020

FirmPeriodHoursFeesRatesSource
MNP Ltd.Trusteeperiod 3 of 318 Mar – 31 May 2020165.4$62,032.94ex. tax$375.05stated averageSecond Report (with appendices) · 18 Jun 2020
MNP Ltd.Trusteeperiod 2 of 330 Apr – 29 May 202062.1$22,855.70$217 – $5954 peopleSecond Report (with appendices) · 18 Jun 2020
4 people — MNP Ltd., 30 Apr – 29 May 2020
NameTitleHoursRateFees
Sheldon TitleCorporate InsolvencyPartner7.9$595$4,700.50
Robbie EpsteinCorporate FinanceSenior Associate6.1$550$1,787.30
Akhil KapoorCorporate InsolvencyManager39.8$366$14,566.80
Jessie HueCorporate InsolvencyEstate Administrator8.3$217$1,801.10
TOTAL—62.1—$22,855.70
MNP Ltd.Trusteeperiod 1 of 318 Mar – 29 Apr 2020103.3$41,586.60$217 – $5955 peopleSecond Report (with appendices) · 18 Jun 2020
5 people — MNP Ltd., 18 Mar – 29 Apr 2020
NameTitleHoursRateFees
Sheldon TitleCorporate InsolvencyPartner29.4$595$17,493.00
Matthew LemCorporate InsolvencyPartner1.6$550$880.00
Akhil KapoorCorporate InsolvencyManager50.3$366$18,409.80
Michael LitwackCorporate InsolvencyManager0.2$366$73.20
Jessie HueCorporate InsolvencyEstate Administrator21.8$217$4,730.60
TOTAL—103.3—$41,586.60
Weisz Fell Kour LLPCounselperiod 2 of 210 Apr – 17 Jun 202013.7—$250 – $5202 peopleSecond Report (with appendices) · 18 Jun 2020
2 people — Weisz Fell Kour LLP, 10 Apr – 17 Jun 2020
NameYear of callHoursRateFees
Caitlin Fell201111.2$520$5,824.00
Christopher McGoey20202.5$250$625.00
Weisz Fell Kour LLPCounselperiod 2 of 21 May – 17 Jun 202013.7—$250 – $5202 peopleFirst Report to Court - Appendices A to F · 29 Apr 2020
2 people — Weisz Fell Kour LLP, 1 May – 17 Jun 2020
NameYear of callHoursRateFees
Caitlin Fell201111.2$520$5,824.00
Christopher McGoey20202.5$250$625.00

Top rate $520 · 8th percentile of counsel rates, 2020 · of 27

Estate financialsReported figures — never derived
Total liabilities at filing$7.03M

As at 11 Apr 2020 · per Stated Total on the Form 33 list of creditors with claims of $250 or more · KMW Energy Inc. (single insolvent entity), Estate No. 35-2638322 — Notice of Intention to Make a Proposal under s.50.4(1) BIA, filed 11 April 2020 (District of Ontario, Division 05-London). Figure is the document's own stated total of listed claims >= $250, not a balance sheet, and the list does not distinguish secured from unsecured claims. No total assets stated. Claim amounts carry no currency indicator on the form and are taken as CAD, including for foreign-domiciled creditors.

Cumulative receipts

$77K

As at 18 Jun 2020Second Report without Appendices dated June 18, 2020

Cumulative disbursements

$294K

As at 18 Jun 2020Second Report without Appendices dated June 18, 2020

Cash on hand

$91.1K

As at 18 Jun 2020Second Report without Appendices dated June 18, 2020

Professional fees to date

$70.1K

As at 18 Jun 2020Second Report without Appendices dated June 18, 2020

Documents
18 filings
DateDocumentFile
Georges River Energy, LLC - Final Motion Record Lift Stay Returnable June 22, 2020PDF
Motion Record Returnable June 22, 2020 dated June 17, 2020
  • Counsel Chaitons LLP
PDF
Order - Motion to Lift Stay of Proceedings dated June 22, 2020
  • Presiding officer Justice Hainey
PDF
Motion Record dated June 18, 2020
  • Commencement date 18 June 2020
  • Counsel Weisz Fell Kour LLP
  • Court SUPERIOR COURT OF JUSTICE
  • Court file no 35-2638322
  • + 1 more extracted fact
PDF
Second Report (with appendices) dated June 18, 2020
  • Fee schedule Engagements: Form: invoice_listing · Rows: · Money: Tax: $8.06K · Label: HST/PST · Quote: $8,064.28 · Fees: $62K · Quote: $62,032.94 · Total: $70.1K · Quote: $70,097.22 · includes tax · includes disbursements · Approximate: false · Disbursements: $0 · Quote: $0 · Period: End: 2020-05-31 · Kind: invoice · Quote: detailing its services rendered and disbursements incurred for the period March 18, 2020 to May 31, 2020 · Start: 2020-03-18 · Approval: State: unstated · Averages: — · Currency: · Invoices: Tax: 5093.04 · Fees: 39177.24 · Quote: 9272541 | March 18, 2020 to April 29, 2020 · Total: 44270.28 · Period end: 2020-04-29 · Average rate: 379.26 · Period start: 2020-03-18 · Disbursements: 0; Tax: 2971.24 · Fees: 22855.7 · Quote: 9355142 | April 30, 2020 to May 29, 2020 · Total: 25826.94 · Period end: 2020-05-29 · Average rate: 368.05 · Period start: 2020-04-30 · Disbursements: 0 · Firm text: MNP Ltd. · Firm quote: SECOND REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 165.4 · Value: 165.4 · Context quote: IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC.; Form: time_summary · Rows: Jessie Hue; Michael Litwack; Sheldon Title; Akhil Kapoor; Matthew Lem · Money: Fees: $41.6K · Quote: $ 41,586.60 · Approximate: false · Period: End: 2020-04-29 · Kind: invoice · Quote: March 18, 2020 to April 29, 2020 · Start: 2020-03-18 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MNP Ltd. · Firm quote: SECOND REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 103.3 · Value: 103.3 · Context quote: IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC.; Form: time_summary · Rows: Jessie Hue; Sheldon Title; Akhil Kapoor; Robbie Epstein · Money: Fees: $22.9K · Quote: $ 22,855.70 · Approximate: false · Period: End: 2020-05-29 · Kind: invoice · Quote: April 30, 2020 to May 29, 2020 · Start: 2020-04-30 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MNP Ltd. · Firm quote: SECOND REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 62.10 · Value: 62.1 · Context quote: IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC.; Form: report_table · Rows: Caitlin Fell; Christopher McGoey · Money: Approximate: false · Period: End: 2020-06-17 · Kind: cumulative · Quote: WFK has issued three (3) invoices for the period from April 10, 2020 to June 17, 2020. · Start: 2020-04-10 · Approval: State: unstated · Averages: · Currency: · Invoices: Date: 2020-04-10 · Quote: 493435; Tax: 109.33 · Date: 2020-06-18 · Fees: 841 · Quote: Invoice # 493492 · Total: 950.33 · Firm text: Weisz Fell Kour LLP · Firm quote: the law firm Weisz Fell Kour LLP (' WFK ') · Hours total: Quote: Total Hours: | 13.7 · Value: 13.7 · Context quote: WFK has issued three (3) invoices for the period from April 10, 2020 to June 17, 2020.
  • Recovery outcome Entries: per estimated · Stated on: 2020-06-18 · Table missing:
PDF
Second Report to the Court dated June 18, 2020
  • Fee schedule Engagements: Form: invoice_listing · Rows: · Money: Tax: $8.06K · Label: HST/PST · Quote: $8,064.28 · Fees: $62K · Quote: $62,032.94 · Total: $70.1K · Quote: $70,097.22 · includes tax · includes disbursements · Approximate: false · Disbursements: $0 · Quote: $0 · Period: End: 2020-05-31 · Kind: cumulative · Quote: detailing its services rendered and disbursements incurred for the period March 18, 2020 to May 31, 2020 · Start: 2020-03-18 · Approval: State: unstated · Averages: — · Currency: · Invoices: Tax: 5093.04 · Fees: 39177.24 · Quote: 9272541 | March 18, 2020 to April 29, 2020 · Total: 44270.28 · Period end: 2020-04-29 · Average rate: 379.26 · Period start: 2020-03-18 · Disbursements: 0; Tax: 2971.24 · Fees: 22855.7 · Quote: 9355142 | April 30, 2020 to May 29, 2020 · Total: 25826.94 · Period end: 2020-05-29 · Average rate: 368.05 · Period start: 2020-04-30 · Disbursements: 0 · Firm text: MNP Ltd. · Firm quote: SECOND REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 165.4 · Value: 165.4 · Context quote: MNP has issued two (2) invoices in its capacity as Proposal Trustee for the period from March 18, 2020 to May 29, 2020.; Form: time_summary · Rows: Jessie Hue; Michael Litwack; Sheldon Title; Akhil Kapoor; Matthew Lem · Money: Fees: $41.6K · Quote: $ 41,586.60 · Approximate: false · Period: End: 2020-04-29 · Kind: invoice · Quote: March 18, 2020 to April 29, 2020 · Start: 2020-03-18 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MNP Ltd. · Firm quote: SECOND REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 103.3 · Value: 103.3 · Context quote: MNP has issued two (2) invoices in its capacity as Proposal Trustee for the period from March 18, 2020 to May 29, 2020.; Form: time_summary · Rows: Jessie Hue; Sheldon Title; Akhil Kapoor; Robbie Epstein · Money: Fees: $22.9K · Quote: $ 22,855.70 · Approximate: false · Period: End: 2020-05-29 · Kind: invoice · Quote: April 30, 2020 to May 29, 2020 · Start: 2020-04-30 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MNP Ltd. · Firm quote: SECOND REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 62.10 · Value: 62.1 · Context quote: MNP has issued two (2) invoices in its capacity as Proposal Trustee for the period from March 18, 2020 to May 29, 2020.; Form: time_summary · Rows: Caitlin Fell; Christopher McGoey · Money: Approximate: false · Period: End: 2020-06-17 · Kind: cumulative · Quote: WFK has issued three (3) invoices for the period from April 10, 2020 to June 17, 2020. · Start: 2020-04-10 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: Weisz Fell Kour LLP · Firm quote: Please make all amounts payable to: Weisz Fell Kour LLP · Hours total: Quote: 13.7 · Value: 13.7 · Context quote: WFK has issued three (3) invoices for the period from April 10, 2020 to June 17, 2020.
  • Recovery outcome Entries: per unstated · Table missing:
PDF
Second Report without Appendices dated June 18, 2020
  • Cash on hand $91.1K · Note: Actual ending cash balance per the six-week cash flow comparison ended June 7, 2020 · As at: 2020-06-07
  • Disbursements $294K · Note: Actual cumulative total disbursements for the six-week Monitored Period ended June 7, 2020, shown as a negative outflow in the cash flow statement · Since: April 27, 2020
  • Operational summary KMW continued operating under NOI protection while the Proposal Trustee's stalking horse sale process failed to attract any competing qualified bids by the Bid Deadline; the Trustee now recommends court approval of the Stalking Horse APA sale of substantially all assets to the DIP Lender/Stalking Horse Bidder, who intends to retain all current employees, so the Company can exit NOI proceedings and continue as a going concern.
  • Professional fees $70.1K · Note: Aggregate includes HST of $8,064.28; fees alone were $62,032.94; to date $44,270.28 has been paid. WFK (Proposal Trustee's counsel) separately billed an aggregate of $7,474.69 (fees $6,449.00, disbursements $165.77, HST $859.92) for April 10, 2020 to June 17, 2020, of which $3,821.40 has been paid. · Party: MNP Ltd. (Proposal Trustee) · Period: March 18, 2020 to May 29, 2020
  • + 4 more extracted facts
PDF
Factum of Georges River Energy, LLC - Lift Stay Motion Retunrable May 15 2020
  • Counsel Cassels Brock & Blackwell LLP
PDF
Order and Endorsement - GRE Lift Stay Motion - May 15 2020
  • Counsel Cassels Brock & Blackwell LLP
  • Presiding officer Justice Hainey
PDF
Order and Endorsement Lift Stay Motion May 15 2020
  • Counsel Cassels Brock & Blackwell LLP
  • Presiding officer Justice Hainey
PDF
Motion Record of Georges River Energy - Lift Stay Motion Returnable May 15 2020
  • Applicant Georges River Energy, LLC
  • Commencement date 5 May 2020
  • Court SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY)
  • Court file no 35-2638322
PDF
Endorsement of Justice Hainey dated May 1, 2020PDF
Motion Record (returnable May 1, 2020) dated April 24, 2020
  • Appointee MNP LTD.
  • Appointee role Proposal Trustee
  • Court ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) (IN BANKRUPTCY AND INSOLVENCY)
  • Court file no 35-2638322
  • + 1 more extracted fact
PDF
Order dated May 1, 2020
  • Presiding officer Justice Hainey
PDF
First Report to Court - Appendices A to F
  • Fee schedule Engagements: Form: invoice_listing · Rows: · Money: Tax: $8.06K · Label: HST/PST · Quote: $8,064.28 · Fees: $62K · Quote: $62,032.94 · Total: $70.1K · Quote: $70,097.22 · includes tax · includes disbursements · Approximate: false · Disbursements: $0 · Quote: $0 · Period: End: 2020-05-31 · Kind: cumulative · Quote: detailing its services rendered and disbursements incurred for the period March 18, 2020 to May 31, 2020 · Start: 2020-03-18 · Approval: State: unstated · Averages: — · Currency: · Invoices: Tax: 5093.04 · Fees: 39177.24 · Quote: 9272541 | March 18, 2020 to April 29, 2020 · Total: 44270.28 · Period end: 2020-04-29 · Average rate: 379.26 · Period start: 2020-03-18 · Disbursements: 0; Tax: 2971.24 · Fees: 22855.7 · Quote: 9355142 | April 30, 2020 to May 29, 2020 · Total: 25826.94 · Period end: 2020-05-29 · Average rate: 368.05 · Period start: 2020-04-30 · Disbursements: 0 · Firm text: MNP Ltd. · Firm quote: FIRST REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 165.4 · Value: 165.4 · Context quote: IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC.; Form: time_summary · Rows: Jessie Hue; Michael Litwack; Sheldon Title; Akhil Kapoor; Matthew Lem; Fees: 41586.6 · Hours: 103.3 · Quote: TOTAL | TOTAL | 103.3 | $ 41,586.60 · Row kind: subtotal · Rate kind: standard · Name as stated: TOTAL · Money: Fees: $41.6K · Quote: $ 41,586.60 · Approximate: false · Period: End: 2020-04-29 · Kind: invoice · Quote: March 18, 2020 to April 29, 2020 · Start: 2020-03-18 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MNP Ltd. · Firm quote: FIRST REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 103.3 · Value: 103.3 · Context quote: IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC.; Form: time_summary · Rows: Jessie Hue; Sheldon Title; Akhil Kapoor; Robbie Epstein; Fees: 22855.7 · Hours: 62.1 · Quote: TOTAL | TOTAL | 62.10 | $ 22,855.70 · Row kind: subtotal · Rate kind: standard · Name as stated: TOTAL · Money: Fees: $22.9K · Quote: $ 22,855.70 · Approximate: false · Period: End: 2020-05-29 · Kind: invoice · Quote: April 30, 2020 to May 29, 2020 · Start: 2020-04-30 · Approval: State: unstated · Averages: · Currency: · Invoices: · Firm text: MNP Ltd. · Firm quote: FIRST REPORT TO THE COURT SUBMITTED BY MNP LTD., IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC. · Hours total: Quote: 62.10 · Value: 62.1 · Context quote: IN ITS CAPACITY AS TRUSTEE UNDER THE NOTICE OF INTENTION TO MAKE A PROPOSAL OF KMW ENERGY INC.; Form: time_summary · Rows: Caitlin Fell; Christopher McGoey · Money: Approximate: false · Period: End: 2020-06-17 · Kind: cumulative · Label: Billing Summary · Quote: May 1, 2020 - June 17, 2020 · Start: 2020-05-01 · Approval: State: unstated · Averages: — · Currency: · Invoices: · Firm text: Weisz Fell Kour LLP · Firm quote: I am an executive legal assistant with the law firm Weisz Fell Kour LLP · Hours total: Quote: Total Hours: | 13.7 · Value: 13.7 · Context quote: I am an executive legal assistant with the law firm Weisz Fell Kour LLP ('WFK') · Context unverified: true
  • Secured creditors Note: Registered security interest post-dates the April 10, 2020 PPSA search that identified Nor-Arc as KMW's only secured creditor. Liberty Mutual also holds contingent exposure as issuer of the $6.413M Performance Bond in favour of Georges River Energy, LLC, which it may pay out on. · Page: 8 · Debtor: KMW Energy Inc. · Creditor: Liberty Mutual Insurance Company · Currency: CAD · Security: PPSA security interest registered April 17, 2020
  • Unsecured creditors $7.03M · Note: This aggregate includes the $2.778MM owed to Nor-Arc, which is secured (see secured_creditors). The NOI does not include contingent liabilities under the Performance Bond and related Indemnity Agreements. Document names no individual unsecured creditors beyond Nor-Arc. · Page: 9 · As of: 2020-04-06 · Basis: NOI lists creditors with claims of $7.033MM as at April 6, 2020 · Debtor: KMW Energy Inc. · Creditor: Unsecured creditors (aggregate as listed in the NOI, including Nor-Arc's secured claim)
PDF
First Report to Court, dated April 29, 2020PDF
Notice to Creditors of Notice of Intention to Make a Proposal, dated April 17, 2020
  • Financial position Liabilities $7.03M · as at 11 Apr 2020 · per Stated Total on the Form 33 list of creditors with claims of $250 or more · KMW Energy Inc. (single insolvent entity), Estate No. 35-2638322 — Notice of Intention to Make a Proposal under s.50.4(1) BIA, filed 11 April 2020 (District of Ontario, Division 05-London). Figure is the document's own stated total of listed claims >= $250, not a balance sheet, and the list does not distinguish secured from unsecured claims. No total assets stated. Claim amounts carry no currency indicator on the form and are taken as CAD, including for foreign-domiciled creditors.
  • Unsecured creditors $8.99K · Page: 4 · As of: 2020-04-11 · Basis: Form 33 NOI list of known creditors with claims of $250 or more; the form does not classify creditors as secured or unsecured · Creditor: Dominion Automation Inc
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Certificate of Filing of the Notice of Intention to Make a ProposalPDF

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

CiteProceedings., “KMW Energy Inc” (NOI), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/kmw-energy-inc-prp

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Sources last checked · summary updated 19 August 2026 · Report a correction · Printed from proceedings.ca/case/kmw-energy-inc-prp

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.