Proceedings.

Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd

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Proceeding
CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
File
S-2010103
Filings held54
Last activity21 Jun 2021
On the record2,218 days
OverviewSummary updated

Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd obtained an initial order under the Companies' Creditors Arrangement Act on October 9, 2020 in the Supreme Court of British Columbia, file S2010103, with Alvarez & Marsal Canada Inc. as monitor. Unaudited management-prepared combined statements for the Canadian companies as at August 31, 2020 show assets of $114,778,000, including a related party receivable of $103,706,000, against liabilities of $61,104,000. Convertible debentures account for $24,459,000 and promissory notes for $22,066,000, with $6,700,000 of accrued interest on them. PTI Transformers Inc. has filed a disputed claim for $2,253,321.47 under a February 27, 2019 assignment and amendment agreement, and the Calgary office lease was disclaimed on October 14, 2020.

Claims processIf you are owed money

A claims procedure has been established — see the order for deadlines.

Per the Claims Process Order dated 19 October 2020.

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Case updates54 dated entries
#Report

The officer filed report no. Fifth Report. The Petitioners and their U.S. subsidiaries currently maintain no active operations; the Canadian entities have no operations as at the filing date, and the Monitor's focus is on implementing the sanctioned Plan.

Source: Fifth Report of the Monitor dated Feb. 9, 2021

#Report

The officer filed report no. Fourth Report. Sunniva Canada's Canadian operations have ceased (no employees drawing salary since December 2020), with the Petitioners focused on the CCAA restructuring, liquidating residual Canadian assets, and pursuing a Plan and arbitration to potentially restart U.S. cannabis cultivation operations at the California Greenhouse Facility.

Source: Fourth Report of the Monitor dated Jan. 13, 2021

#Sale

The court granted an approval and vesting order for the sale to the Surplus Equipment (surplus assets located at Okanagan Falls described in the Sale Agreement schedule). Closing terms, as extracted: Surplus Equipment vests in the Purchasers upon Maynards paying the Net Sale Proceeds with an accounting and the Monitor delivering the Monitor's Certificate to Maynards.

Source: Approval and Vesting Order

#Report

The officer filed report no. Third Report. Sunniva Canada has no Canadian operations and is focused on a capital raise to fund arbitration over the California Greenhouse Lease and general working capital, while pursuing a claims process and preparing a plan of arrangement for creditors.

Source: Third Report of the Monitor dated Dec. 9, 2020

#Report

The officer filed report no. Second Report. Sunniva Canada has no active operations and minimal staff (one employee, Dr. Holler), and is focused on the Claims Process, pursuing a capital raise to fund arbitration over the California Greenhouse Lease, and disposing of residual OK Falls Property assets.

Source: Second Report of the Monitor dated Nov. 26, 2020

Parties

Debtor

Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd

Monitor

Alvarez & Marsal

Bench and counselPer the orders and service lists on the record

Bench

JudgeCourtOn this docketCases on record
Justice FitzpatrickSupreme Court of British Columbia8 orders, Oct 2020 – Jan 202160 cases on record

Counsel of record

PartyCounselFirst seenSource
MonitorAlvarez & MarsalCassels Brock & Blackwell LLP11 Feb 2021Service list · 11 Feb 2021
ApplicantSunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. LtdBorden Ladner Gervais LLP11 Dec 2020Service list · 11 Feb 2021
CreditorCura-Can Health CorpClark Wilson LLP11 Feb 2021Service list · 11 Feb 2021
CreditorDaniel PetrovReedman Law11 Feb 2021Service list · 11 Feb 2021
CreditorHer Majesty the Queen in right of Canada as represented by the Minister of National RevenueReedman Law11 Feb 2021Service list · 11 Feb 2021
CreditorIMK Management Services IncClark Wilson LLP11 Feb 2021Service list · 11 Feb 2021
CreditorMatrix Venture Capital Management, IncMLT Aikins LLP11 Feb 2021Service list · 11 Feb 2021
CreditorPTI Transformers IncMiller Thomson LLP11 Feb 2021Service list · 11 Feb 2021
Capital structureAs asserted in the filings
stated amounts, drawn to scale · for subscribers
Priority classCreditorAmountSource
UnsecuredConvertible debenture financing (noteholders/debenture holders)Aggregate figure; individual noteholders/debenture holders not named in these pages — debtor: Sunniva Canada · as of 31 Aug 2020$24.5MFirst Report of the Monitor filed Oct. 16, 2020
Unsecured
Unsecured
Unsecured
Unsecured
Unsecured
Unsecured
Unsecured
Unsecured

8 more claims in 1 class The stack holds Unsecured claims.

Every creditor and every amount, drawn to scale.

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Sale processAs stated in the filings

3 transactions · 2 approved · 1 closed — Vesting order granted for sale of OK Falls Assets, sale process to be conducted by MaynardsFifth Report of the Monitor dated Feb. 9, 2021 · 9 Feb 2021

PurchaserPriceStatusSource
end purchasers at auction, unnamed; Maynards Industries Canada Ltd. is the auctioneer under the auction and liquidation services agreement and also acquires any remaining Surplus Equipment not sold by auctionthe Surplus Equipment (surplus assets located at Okanagan Falls described in the Sale Agreement schedule) · auctionSubscribersApproved11 Dec 2020Approval and Vesting Order
purchaser(s) of the residual assets at the OK Falls Property sold via private sale by Maynards; unnamedresidual assets located at the OK Falls Property · asset saleSubscribersCloseddate not statedFourth Report of the Monitor dated Jan. 13, 2021
Maynards Industries Canada Inc.the Petitioners' residual assets located at a site in Okanagan Falls, BC (the "OK Falls Assets") · auctionnot statedApprovedFifth Report of the Monitor dated Feb. 9, 2021
AdvisorsMaynards Industries Canada Ltd. (auctioneer); Deer Pond Capital Ltd. (financial advisor)Third Report of the Monitor dated Dec. 9, 2020
Closing termsSurplus Equipment vests in the Purchasers upon Maynards paying the Net Sale Proceeds with an accounting and the Monitor delivering the Monitor's Certificate to MaynardsApproval and Vesting Order
RecoveriesAs stated in the filings

Unsecured creditors: a distribution.EstimatedSecond Report of the Monitor · 26 Nov 2020

ClassCreditorClaimsRecoveryBasisSource
Deemed trust——paid in fullconditionalUnder the plansanctionedper the debtorFourth Report of the Monitor · 13 Jan 2021
Preferred——paid in fullconditionalUnder the plansanctionedper the debtorFourth Report of the Monitor · 13 Jan 2021
UnsecuredSunniva claims—conditionalEstimatedper the monitorSecond Report of the Monitor · 26 Nov 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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Estate financialsReported figures — never derived
Total assets at filing
Total liabilities at filing

As at ·

Cumulative disbursements

$1.5M

As at 9 Dec 2020Third Report of the Monitor dated Dec. 9, 2020

Cash on hand

As at

Professional fees

As at

2 more reported figures, and the 2 totals the debtor stated at filing

Each one as the filing states it, with its source.

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Documents
54 filings
DateDocumentFile
Monitor’s Certificate (Filed June 21, 2021)PDF · Subscribers
Application RecordPDF · Subscribers
Plan Sanction Order
  • Recovery outcome Entries: per plan · Stated on: 2021-01-14 · Table missing:
PDF · Subscribers
Service List
  • Counsel Clark Wilson LLP
PDF · Subscribers
Fifth Report of the Monitor dated Feb. 9, 2021
  • Operational summary The Petitioners and their U.S. subsidiaries currently maintain no active operations; the Canadian entities have no operations as at the filing date, and the Monitor's focus is on implementing the sanctioned Plan.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 8 more extracted facts
PDF · Subscribers
Affidavit #8 of Anthony F. Holler (February 8, 2021)PDF · Subscribers
Meeting order granted January 18, 2021
  • Presiding officer Justice Fitzpatrick
PDF · Subscribers
Sealing Order granted January 15, 2021PDF · Subscribers
Stay Extension Order granted January 15, 2021
  • Presiding officer Justice Fitzpatrick
PDF · Subscribers
Affidavit #7 of Anthony F. Holler (sworn January 14 2021)PDF · Subscribers
Notice of Application - Sunniva Plan Sanction OrderPDF · Subscribers
Fourth Report of the Monitor dated Jan. 13, 2021
  • Closing confirmed Closed · date not stated
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 10 more extracted facts
PDF · Subscribers
Affidavit #3 of Brian Peters (sworn January 12, 2021)PDF · Subscribers
Affidavit #5 of Anthony F Holler (sworn January 12, 2021)PDF · Subscribers
Notice of Application returnable - January 15, 2021PDF · Subscribers
Affidavit #1 of Heidi WongPDF · Subscribers
Affidavit #1 of Jonathan JemisonPDF · Subscribers
Application Response from Matrix Venture Capital Management Inc.PDF · Subscribers
Application record and index - December 11, 2020
  • Counsel Borden Ladner Gervais LLP
PDF · Subscribers
Approval and Vesting Order
  • Closing terms Surplus Equipment vests in the Purchasers upon Maynards paying the Net Sale Proceeds with an accounting and the Monitor delivering the Monitor's Certificate to Maynards
  • Order date 11 December 2020
  • Presiding officer Justice Fitzpatrick
  • Purchaser end purchasers at auction, unnamed; Maynards Industries Canada Ltd. is the auctioneer under the auction and liquidation services agreement and also acquires any remaining Surplus Equipment not sold by auction · the Surplus Equipment (surplus assets located at Okanagan Falls described in the Sale Agreement schedule) · auction · approved
  • + 3 more extracted facts
PDF · Subscribers
Requisition to reschedule the Notice of Motion for a Bankruptcy Order to December 11, 2020 by Matrix Venture Capital Management, Inc.PDF · Subscribers
Stay Extension Order
  • Presiding officer Justice Fitzpatrick
PDF · Subscribers
Affidavit #1 of Daphne Li - December 10, 2020 (sworn)PDF · Subscribers
Application Record from Matrix Venture Capital Management Inc. (Cover Letter)” for 2020.12.10-December 10 2020 Bill Skelly service letter to Sunniva service list (S-2010103) re B200222-Application RecordPDF · Subscribers
Affidavit #2 of Brian Peters (sworn December 9, 2020)PDF · Subscribers
Affidavit #4 of Anthony Holler (sworn December 9, 2020)PDF · Subscribers
Third Report of the Monitor dated Dec. 9, 2020
  • Operational summary Sunniva Canada has no Canadian operations and is focused on a capital raise to fund arbitration over the California Greenhouse Lease and general working capital, while pursuing a claims process and preparing a plan of arrangement for creditors.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 7 more extracted facts
PDF · Subscribers
Index to Application RecordPDF · Subscribers
Stay Extension Order granted November 27, 2020
  • Presiding officer Justice Fitzpatrick
PDF · Subscribers
Affidavit #1 of Vani Putti - Matrix VenturePDF · Subscribers
Affidavit #1 of Zeena Ali - Matrix VenturePDF · Subscribers
Application Response of Matrix Venture Capital Management - November 26, 2020PDF · Subscribers
Second Report of the Monitor dated Nov. 26, 2020
  • Operational summary Sunniva Canada has no active operations and minimal staff (one employee, Dr. Holler), and is focused on the Claims Process, pursuing a capital raise to fund arbitration over the California Greenhouse Lease, and disposing of residual OK Falls Property assets.
  • Cash on hand · Disbursements · Financial position Subscribers
  • + 5 more extracted facts
PDF · Subscribers
Affidavit #3 of Anthony Holler - November 25, 2020 (sworn)PDF · Subscribers
Affidavit #2 of Anthony HollerPDF · Subscribers
Amended and Restated Initial Order
  • Applicant Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd
  • Commencement date 19 October 2020
  • Court SUPREME COURT OF BRITISH COLUMBIA
  • Court file no S-2010103
  • + 1 more extracted fact
PDF · Subscribers
Claims Process Instruction LetterPDF · Subscribers
Claims Process Order
  • Presiding officer Justice Fitzpatrick
PDF · Subscribers
Notice of DisputePDF · Subscribers
Payment of Consulting Fees Order
  • Presiding officer Justice Fitzpatrick
PDF · Subscribers
Proof of ClaimPDF · Subscribers
Proof of Claim FormPDF · Subscribers
First Report of the Monitor filed Oct. 16, 2020
  • Financial position · Secured creditors · Unsecured creditors Subscribers
PDF · Subscribers
Affidavit #2 of Anthony F. Holler with Exhibits (to be filed)PDF · Subscribers
Notice of Application, filed October 15, 2020PDF · Subscribers
Affidavit #1 of Anthony F. HollerPDF · Subscribers
Affidavit #1 of Mary Grace JohnstonePDF · Subscribers
Initial Order granted October 9, 2020
  • Applicant SUNNIVA INC., SUNNIVA MEDICAL INC., 11111035 CANADA INC. AND 1167025 B.C. LTD
  • Appointee Alvarez & Marsal Canada Inc.
  • Appointee role Monitor
  • Commencement date 9 October 2020
  • + 4 more extracted facts
PDF · Subscribers
Notice of Application (Sunniva Stay Extension) - November 2020 (with schedules)PDF · Subscribers
Notice of Application - Sunniva Stay Extension, Approval & Vesting OrderPDF · Subscribers
Notice of HearingPDF · Subscribers
Petition to the CourtPDF · Subscribers
Requisition to reschedule the Notion of Motion for a Bankruptcy Order to January 15, 2020 by Matrix Venture Capital Management, Inc.PDF · Subscribers
Blackline of proposed Amended and Restated Initial Order compared to Model Initial Order
  • Applicant SUNNIVA INC., SUNNIVA MEDICAL INC., 11111035 CANADA INC. AND 1167025 B.C. LTD
  • Court IN THE SUPREME COURT OF BRITISH COLUMBIA
  • Court file no S-2010103
  • Statutory basis Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
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., “Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd” (CCAA), Supreme Court of British Columbia. Retrieved 4 November 2026, https://proceedings.ca/case/sunniva-inc-sunniva-medical-inc-11111035-canada-inc-and-1167025-b-c-ltd

Sources last checked · summary updated 1 September 2026 · Report a correction · Printed from proceedings.ca/case/sunniva-inc-sunniva-medical-inc-11111035-canada-inc-and-1167025-b-c-ltd

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.