Ontario · CCAA

PURPOSE 1. The purpose of this Thirty-First Report is to report to this Court on the Monitor’s motion for: i) an Order (the “ILM Settlement Approval Order”), substantially in the form of the draft order located at Tab 3 of the Motion Record of the Monitor returnable March 29, 2021 (the “Motion Record”), among other things: a. approving the settlement agreement between RFJV (defined below) and FGJV (defined below) dated February 22, 2021 (the “ILM Settlement Agreement”); b. authorizing the Monitor, on behalf of Rokstad GP, in its capacity as the general partner of RPC LP, to enter into the ILM Settlement Agreement; and c. authorizing and directing the Monitor to take such additional steps and execute such additional documents as may be necessary or desirable for the implementation of the ILM Settlement Agreement; and ii) an Order (the “Niagara Settlement Approval Order”) substantially in the form of the draft order located at Tab 4 of the Motion Record, among other things: a. approving the minutes of settlement among Carillion Canada and Carillion Construction, the Regional Municipality of Niagara (the “Region”), RPL Architects Inc. (“RPL”) and MCW Consultants Ltd. (“MCW”) dated March 23, 2021 (the “Minutes of Settlement”); b. authorizing Carillion Canada and Carillion Construction to enter into the Minutes of Settlement; c. authorizing and directing the Monitor to take such additional steps and execute such additional documents as may be necessary or desirable for the implementation of the Minutes of Settlement; d. approving the distribution waterfall in respect of the Niagara Settlement Amount (defined below) and authorizing Carillion Canada and Carillion Construction to repay the Intercompany Advances and Intracompany Advances to the respective Applicants that advanced funds in respect of the Niagara Project (as defined below); e. confirming the terms and conditions of the full and final mutual release (the “Release”) and the effect of the Release upon payment of the Niagara Settlement Amount to the Monitor; f. confirming that the Region shall not incur any liability or obligation to any person whatsoever pursuant to the Workplace Safety and Insurance Act, 1997 (“WSIA”) and that the Region shall have no further liability under the WSIA in connection with the Niagara Project and the Niagara Contract (defined below) arising from Carillion’s obligations to the Workplace Safety and Insurance Board under the WSIA; and g. confirming that the Region’s Proven Claim (defined below) shall be accepted by the Monitor as a Proven Claim (as defined in the Second Amended Claims Procedure Order dated May 23, 2019) in the amount of $47,171 plus HST in respect of Carillion Canada and that the Region is entitled, as an unsecured creditor of Carillion Canada to a pro rata distribution, if any, made in the CCAA Proceedings

Court officer report · 23 March 2021