Strike Minerals Inc.
Follow- Proceeding
- NOIBIA s. 50.4
- File
- 35-2193939
Strike Minerals Inc. filed a notice of intention to make a proposal under section 50.4 of the BIA on December 6, 2016, in the Ontario Superior Court of Justice (In Bankruptcy and Insolvency) under court file no. 35-2193939, and the proceeding remains active. Its senior secured lender is Waterton Global Value, L.P., as assignee of Waterton Global Value (Luxembourg) S.A.R.L. under an assignment dated March 7, 2014, owed an estimated $3.9 million as at December 8, 2016 under a gold stream credit agreement dated February 21, 2012. Whelan Mining Contractors holds a construction lien judgment of $1,632,399.18 fixed by an October 21, 2014 order, $160,000 of which ranks ahead of Waterton's court-ordered charge; the $1,472,399.18 balance forms part of reported unsecured liabilities of $5,465,555.
The court granted an approval and vesting order for the sale to 2548304 Ontario Inc. Closing terms, as extracted: Vesting effective upon delivery of Proposal Trustee's Certificate confirming payment of Purchase Price, satisfaction of Closing conditions, and completion of the Transaction. Sealed: Confidential Appendix 1 to the Third Report.
Order approving Stalking Horse, etc., dated December 13, 2016 was filed.
Source: Order approving Stalking Horse, etc., dated December 13, 2016
Strike Minerals filed its notice of intention under BIA s. 50.4, commencing the proceeding in the Ontario Superior Court of Justice under court file 35-2193939.
Certificate of Filing of a Notice of Intention to Make a Proposal — NOI certificate of filing
Undated filings1 — no date appears on the document · show
Debtor
Strike Minerals Inc.
Proposal trustee
GlassRatner
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| DebtorStrike Minerals Inc. | Thornton Grout Finnigan LLP | 9 Feb 2017 | Application · 9 Feb 2017 |
| Creditor161229 Canada Inc. C. O. B. AS Paul Whelan Mining Contractors | Fasken Martineau DuMoulin LLP | 30 Mar 2017 | Service list · 30 Mar 2017 |
| CreditorRichmont Mines Inc | Cassels Brock & Blackwell LLP | 30 Mar 2017 | Service list · 30 Mar 2017 |
| CreditorRobb English | Aird & Berlis LLP | 30 Mar 2017 | Service list · 30 Mar 2017 |
| CreditorWaterton Global Value, L.P | Stikeman Elliott LLP | 30 Mar 2017 | Service list · 30 Mar 2017 |
| # | Priority class | Creditor | Amount | Source |
|---|---|---|---|---|
| 4 | Secured | Waterton Global Value, L.P. (as assignee of Waterton Global Value (Luxembourg) S.A.R.L.) · in 2 casesas of date hereof (December 8, 2016) — Senior secured gold stream credit agreement dated February 21, 2012 (Waterton Loan Agreement); security interests in property and assets of the Company registered under PPSA (Ontario) and applicable land registries; first ranking security subject to court-ordered Whelan charge — Approximate/estimated outstanding balance ('estimated to be $3.9 million' also stated in Stalking Horse APA summary); quantum to be updated for bidders. Initially advanced by Waterton Global Value (Luxembourg) S.A.R.L.; assigned to Waterton Global Value, L.P. via Assignment of Loa | $3.9M | First Report of Proposal Trustee, December 8, 2016 |
| 4 | Secured | 161229 Canada Inc. o/a Paul Whelan Mining Contractors ("Whelan")Construction lien registered March 18, 2013 against Edwards under the Construction Lien Act (Ontario), Instrument No. AL115372; judgment lien — Judgment amount (inclusive of prejudgment interest and costs to date) per October Order; $160,000 of this ranks in priority to Waterton's charge, balance ($1,472,399.18) ranks subsequent to Waterton and is included in unsecured liabilities total. Original lien claim registered was $1,451,834. — debtor: Strike Minerals Inc. · as of 21 Oct 2014 | $1.63M | First Report of Proposal Trustee, December 8, 2016 |
| 4 | Secured | Waterton Global Value (Luxembourg) S.A.R.L.Court-ordered Charge on the Property (subordinate to Whelan's $160,000 priority per October Order); first-ranking security otherwise — Charge amount per October Order (Justice Varpio); Waterton's charge ranks subsequent to Whelan Construction Lien only to the extent of $160,000, and has priority over the balance of the Lien. — debtor: Strike Minerals Inc. · as of 21 Oct 2014 | $160K | First Report of Proposal Trustee, December 8, 2016 |
| 5 | PMSI / lessors | Xerox Canada Ltd. · in 72 casesPPSA registration relating to office equipment financing — PPSA equipment financiers (PMSI class) - blanket registrant relating to specific office equipment; amount not stated — debtor: Strike Minerals Inc. | — | First Report of Proposal Trustee, December 8, 2016 |
| 5 | PMSI / lessors | Buck Island Bay Investments Inc.PPSA registration relating to leased air compressor — PPSA equipment financiers (PMSI class) - blanket registrant relating to specific leased equipment; amount not stated — debtor: Strike Minerals Inc. | — | First Report of Proposal Trustee, December 8, 2016 |
| 8 | Unsecured | Unsecured creditors (aggregate as reported) · in 532 casesas of date hereof (December 8, 2016) — Document names no individual unsecured creditors except Whelan (see separate entry); this aggregate figure includes the Whelan unsecured portion of $1,472,399.18. — debtor: Strike Minerals Inc. | $5.47M | First Report of Proposal Trustee, December 8, 2016 |
| 8 | Unsecured | 161229 Canada Inc. o/a Paul Whelan Mining Contractors ("Whelan") - unsecured portionBalance of $1,632,399.18 judgment after $160,000 priority portion; this balance found to rank subsequent in priority to Waterton and is included in the aggregate unsecured liabilities figure of $5,465,555. — debtor: Strike Minerals Inc. · as of 21 Oct 2014 | $1.47M | First Report of Proposal Trustee, December 8, 2016 |
“not stated” means the record names the claim without a figure; “—” means not in the extracted record.
Sale approved — the transaction contemplated under the Stalking Horse APA was approved and the Approval and Vesting Order was issued vesting the Purchased Assets in the PurchaserSupplement to the Third Report of Proposal Trustee, March 29, 2017 · 29 Mar 2017
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 2548304 Ontario Inc.Stalking horsethe assets described in the Sale Agreement (the 'Purchased Assets') · asset sale · agreement 6 Dec 2016 | not statedPrice is sum of (A) obligations under Waterton Loan Agreement (est. $3.9 million), (B) Priority Payables (est. $748,000), plus (C) Cure Costs; satisfied by assumption of Waterton Loan Agreement liabilities and cash on closing | Approved23 Mar 2017 | Approval and Vesting Order, dated March 23, 2017 |
4 engagements · 2 firms — latest: Aird & Berlis LLP, 1 Dec 2016 – 18 Jan 2017, $21,374.00 soughtSecond Report of Proposal Trustee, February 6, 2017 · 6 Feb 2017
| Firm | Period | Hours | Fees | Rates | Source | |||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| A. Farber & Partners Inc.Proposal trusteeperiod 2 of 2 | 1 Dec – 31 Dec 2016 | 75.8 | $37,504.11incl. HST | $155 – $5757 people | Second Report of Proposal Trustee, February 6, 2017 · 6 Feb 2017 | |||||||||||||||||||||||||||||||||||||||||||||
7 people — A. Farber & Partners Inc., 1 Dec – 31 Dec 2016
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| A. Farber & Partners Inc.Proposal trusteeperiod 1 of 2 | 4 Jul – 30 Nov 2016 | 100 | $47,946.00ex. tax | $155 – $5755 people | Second Report of Proposal Trustee, February 6, 2017 · 6 Feb 2017 | |||||||||||||||||||||||||||||||||||||||||||||
5 people — A. Farber & Partners Inc., 4 Jul – 30 Nov 2016
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| Aird & Berlis LLPCounselperiod 2 of 2 | 1 Dec 2016 – 18 Jan 2017Sought | 38.9 | $21,374.00ex. tax | $245 – $3954 people | Second Report of Proposal Trustee, February 6, 2017 · 6 Feb 2017 | |||||||||||||||||||||||||||||||||||||||||||||
4 people — Aird & Berlis LLP, 1 Dec 2016 – 18 Jan 2017
| ||||||||||||||||||||||||||||||||||||||||||||||||||
| Aird & Berlis LLPCounselperiod 1 of 2 | 14 Jul – 30 Nov 2016Sought | — | $34,866.26incl. HST | $520.39stated average | Second Report of Proposal Trustee, February 6, 2017 · 6 Feb 2017 | |||||||||||||||||||||||||||||||||||||||||||||
6 people — Aird & Berlis LLP, 14 Jul – 30 Nov 2016
| ||||||||||||||||||||||||||||||||||||||||||||||||||
Top rate $796.37 · 6th percentile of counsel rates, 2017 · of 19
| Date | Document | File |
|---|---|---|
| Order approving extension of stay of proceedings to May 11, 2017 | ||
Service List
| ||
Supplement to the Third Report of Proposal Trustee, March 29, 2017
| ||
| Order approving extension of stay of proceedings to March 27, 2017 | ||
Approval and Vesting Order, dated March 23, 2017
| ||
| Endorsement, dated March 23, 2017 | ||
| Motion Record, returnable March 23, 2017 | ||
| Notice of Motion, returnable March 23, 2017 | ||
Third Report of Proposal Trustee, March 10, 2017
| ||
Motion Record, returnable February 9, 2017
| ||
Second Report of Proposal Trustee, February 6, 2017
| ||
| Endorsement, dated December 13, 2016 | ||
Motion Record, returnable December 13, 2016
| ||
Order approving Stalking Horse, etc., dated December 13, 2016
| ||
First Report of Proposal Trustee, December 8, 2016
| ||
| NOI Creditors Package | ||
| Certificate of Filing of a Notice of Intention to Make a Proposal | ||
| Service List (Word) | ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Strike Minerals Inc.” (NOI), Ontario Superior Court of Justice. Retrieved 20 September 2026, https://proceedings.ca/case/strike-minerals-inc