Sunniva Inc., Sunniva Medical Inc., 11111035 Canada Inc. and 1167025 B.C. Ltd
Follow- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- File
- S-2010103
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.
51 earlier updates, back to 9 October 2020 — subscribers.
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 | 7 orders, Oct 2020 – Jan 2021 | 49 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 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 |
2 transactions · 1 closed · 1 approved — 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 |
|---|---|---|---|
| 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 court | Plan Sanction Order · 14 Jan 2021 |
| Unsecured | Sunniva claims | — | a distributionconditional | 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.
The debtor’s own statement of its total assets and liabilities at filing is in the record — Subscribers
Cash on hand
$2K
As at 9 Feb 2021Fifth Report of the Monitor dated Feb. 9, 2021
| 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 | |
| Notice of Application returnable - January 15, 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 | |
| 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 20 September 2026, https://proceedings.ca/case/sunniva-inc-sunniva-medical-inc-11111035-canada-inc-and-1167025-b-c-ltd