Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd
- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- S-2010103
- Industry
- Cannabis · Cannabis producers
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.
A claims procedure has been established — see the order for deadlines.
Per the Claims Process Order dated 19 October 2020.
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.
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.
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
Application Response from Matrix Venture Capital Management Inc. — Response / objection pleading
Requisition to reschedule the Notice of Motion for a Bankruptcy Order to December 11, 2020 by Matrix Venture Capital Management, Inc. — Application / notice of application
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.
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.
Application Response of Matrix Venture Capital Management - November 26, 2020 — Response / objection pleading
The initial order of October 9, 2020 opened the four Sunniva companies' proceedings under the CCAA and put Alvarez & Marsal Canada Inc. in as monitor.
Notice of Application (Sunniva Stay Extension) - November 2020 (with schedules) — Application / notice of application
Notice of Application - Sunniva Stay Extension, Approval & Vesting Order — Application / notice of application
Requisition to reschedule the Notion of Motion for a Bankruptcy Order to January 15, 2020 by Matrix Venture Capital Management, Inc. — Application / notice of application
Blackline of proposed Amended and Restated Initial Order compared to Model Initial Order — Amended and restated initial order
Debtor
Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd
Monitor
Alvarez & Marsal
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Fitzpatrick | Supreme Court of British Columbia | 8 orders, Oct 2020 – Jan 2021 | 60 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorAlvarez & Marsal | Cassels Brock & Blackwell LLP | 11 Feb 2021 | Service list · 11 Feb 2021 |
| ApplicantSunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd | Borden Ladner Gervais LLP | 11 Dec 2020 | Service list · 11 Feb 2021 |
| CreditorCura-Can Health Corp | Clark Wilson LLP | 11 Feb 2021 | Service list · 11 Feb 2021 |
| CreditorDaniel Petrov | Reedman Law | 11 Feb 2021 | Service list · 11 Feb 2021 |
| CreditorHer Majesty the Queen in right of Canada as represented by the Minister of National Revenue | Reedman Law | 11 Feb 2021 | Service list · 11 Feb 2021 |
| CreditorIMK Management Services Inc | Clark Wilson LLP | 11 Feb 2021 | Service list · 11 Feb 2021 |
| CreditorMatrix Venture Capital Management, Inc | MLT Aikins LLP | 11 Feb 2021 | Service list · 11 Feb 2021 |
| CreditorPTI Transformers Inc | Miller Thomson LLP | 11 Feb 2021 | Service list · 11 Feb 2021 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Unsecured | Convertible debenture financing (noteholders/debenture holders)Aggregate figure; individual noteholders/debenture holders not named in these pages — debtor: Sunniva Canada · as of 31 Aug 2020 | $24.5M | First 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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See all plans3 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
| Purchaser | Price | Status | Source |
|---|---|---|---|
| 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) · auction | Subscribers | Approved11 Dec 2020 | Approval 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 sale | Subscribers | Closeddate not stated | Fourth 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") · auction | not stated | Approved | Fifth Report of the Monitor dated Feb. 9, 2021 |
Unsecured creditors: a distribution.EstimatedSecond Report of the Monitor · 26 Nov 2020
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Deemed trust | — | — | paid in fullconditional | Under the plansanctionedper the debtor | Fourth Report of the Monitor · 13 Jan 2021 |
| Preferred | — | — | paid in fullconditional | Under the plansanctionedper the debtor | Fourth Report of the Monitor · 13 Jan 2021 |
| Unsecured | Sunniva claims | — | conditional | Estimatedper the monitor | Second 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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See all plansAs 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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See all plans| Date | Document | File |
|---|---|---|
| Monitor’s Certificate (Filed June 21, 2021) | PDF · Subscribers | |
| Application Record | PDF · Subscribers | |
Plan Sanction Order
| PDF · Subscribers | |
Service List
| PDF · Subscribers | |
Fifth Report of the Monitor dated Feb. 9, 2021
| PDF · Subscribers | |
| Affidavit #8 of Anthony F. Holler (February 8, 2021) | PDF · Subscribers | |
Meeting order granted January 18, 2021
| PDF · Subscribers | |
| Sealing Order granted January 15, 2021 | PDF · Subscribers | |
Stay Extension Order granted January 15, 2021
| PDF · Subscribers | |
| Affidavit #7 of Anthony F. Holler (sworn January 14 2021) | PDF · Subscribers | |
| Notice of Application - Sunniva Plan Sanction Order | PDF · Subscribers | |
Fourth Report of the Monitor dated Jan. 13, 2021
| 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, 2021 | PDF · Subscribers | |
| Affidavit #1 of Heidi Wong | PDF · Subscribers | |
| Affidavit #1 of Jonathan Jemison | PDF · Subscribers | |
| Application Response from Matrix Venture Capital Management Inc. | PDF · Subscribers | |
Application record and index - December 11, 2020
| PDF · Subscribers | |
Approval and Vesting Order
| 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
| 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 Record | PDF · 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
| PDF · Subscribers | |
| Index to Application Record | PDF · Subscribers | |
Stay Extension Order granted November 27, 2020
| PDF · Subscribers | |
| Affidavit #1 of Vani Putti - Matrix Venture | PDF · Subscribers | |
| Affidavit #1 of Zeena Ali - Matrix Venture | PDF · Subscribers | |
| Application Response of Matrix Venture Capital Management - November 26, 2020 | PDF · Subscribers | |
Second Report of the Monitor dated Nov. 26, 2020
| PDF · Subscribers | |
| Affidavit #3 of Anthony Holler - November 25, 2020 (sworn) | PDF · Subscribers | |
| Affidavit #2 of Anthony Holler | PDF · Subscribers | |
Amended and Restated Initial Order
| PDF · Subscribers | |
| Claims Process Instruction Letter | PDF · Subscribers | |
Claims Process Order
| PDF · Subscribers | |
| Notice of Dispute | PDF · Subscribers | |
Payment of Consulting Fees Order
| PDF · Subscribers | |
| Proof of Claim | PDF · Subscribers | |
| Proof of Claim Form | PDF · Subscribers | |
First Report of the Monitor filed Oct. 16, 2020
| PDF · Subscribers | |
| Affidavit #2 of Anthony F. Holler with Exhibits (to be filed) | PDF · Subscribers | |
| Notice of Application, filed October 15, 2020 | PDF · Subscribers | |
| Affidavit #1 of Anthony F. Holler | PDF · Subscribers | |
| Affidavit #1 of Mary Grace Johnstone | PDF · Subscribers | |
Initial Order granted October 9, 2020
| PDF · Subscribers | |
| Notice of Application (Sunniva Stay Extension) - November 2020 (with schedules) | PDF · Subscribers | |
| Notice of Application - Sunniva Stay Extension, Approval & Vesting Order | PDF · Subscribers | |
| Notice of Hearing | PDF · Subscribers | |
| Petition to the Court | PDF · 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
| 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