On December 14, 2016, BG filed a Notice of Intention to Make A Proposal (the “NOI”) pursuant to the provisions of s. 50.4(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”) and Collins Barrow Toronto Limited (“CBTL”) was appointed as proposal trustee in BG’s NOI proceedings (the “Trustee”).
On December 22, 2016, BG made a motion to Court (the “BG Motion”) to approve, among other things:
- a 45-day extension to the NOI proceeding;
- a DIP loan facility;
- a sale and investment solicitation process with a stalking horse bid;
- a first ranking Administration Charge (as defined in BG’s motion record returnable December 22, 2016 found below) over the assets of BG; and,
- a D&O Charge (also as defined in BG’s motion record returnable December 22, 2016, found below).
The relief sought in the BG Motion was disputed by Platinum and Grenville Strategic Royalty Corp. (“Grenville”), both secured creditors, and the BG Motion was dismissed.
On January 12, 2017, Grenville made a motion to Court to, among other things:
- terminate the NOI proceedings, thus having BG assigned into bankruptcy by order of Court;
- appoint the Receiver pursuant to the terms of the Receivership Order; and,
- substitute B. Riley Farber as Trustee for the purposes of administering BG’s bankruptcy estate.
By an Order of the Honourable Justice Newbould of the Ontario Superior Court of Justice (Commercial List) (the “Court”) dated January 12, 2017 (the “Receivership Order”), B. Riley Farber Inc. (“B. Riley Farber“) was appointed receiver (the “Receiver”) of all the assets, undertakings and properties of BG Furniture Ltd. (“BG”).
The Receiver entered into an agreement with Maynards Industries Canada Ltd. (“Maynards”) to liquidate the inventory and equipment of BG. A public auction sale was conducted by Maynards on Wednesday, March 22, 2017, starting at 10:00 a.m. Interested parties were able to bid on items for sale by attending in person or online. Details of the auction sale can be found on the Maynards website.
The Receivership Order does not stay or restrict the rights of the mortgagee, Platinum Investment Group Inc. (“Platinum”), with a first charge on the real property of BG, municipally known as 75 Ridout Street, Walkerton, Ontario (the “Real Property”), in respect of, among other things, Platinum’s rights to enforce its mortgage security. The Receiver has been notified that Platinum is undertaking power of sale proceedings to sell the Real Property outside of the receivership proceedings.
The Receiver is currently in the process of finalizing the administration of the receivership estate. Accordingly, the Receiver will be making a motion to Court (the “Receiver’s Motion”) for the approval of, among other things, the distribution of funds by the Receiver and the discharge of the Receiver. A copy of the motion record, returnable August 4, 2017, for the Receiver’s Motion is found below.
A copy of the Order of Court approving, among other things, the substitution of B. Riley Farber as Trustee and the discharge of CBTL as Trustee, is below (the “Bankruptcy Order”).
The First Meeting of Creditors (the “First Meeting”) was held at 150 York Street, Suite 1600, in the city of Toronto, Ontario, at 2:00 p.m. on the 2nd day of February 2017. At the First Meeting, the appointment of B. Riley Farber as Trustee was confirmed by the creditors.
For employees seeking payment of claims through the Wage Earner Protection Program (“WEPP”), please be advised that the employees’ deadline for submitting applications to WEPP and filing claims with the Trustee has been extended to April 1, 2017.
A blank Proof of Claim form can be downloaded from the Trustee’s website via the link below.
Creditor or Employee Enquiries
For creditor or employee enquiries, please contact:
E: [email protected]
The case updates and court filed documents on this website are for information purposes only and you should consult your financial and legal adviser if you have any questions or concerns about your rights or obligations. Additional updates on the status of these proceedings may become available in the future.
- Certificate of Filing of a Notice of Intention to Make a Proposal (CBTL)
- NOI Creditors Package (CBTL)
- Certificate of Assignment from the Office of the Superintendent of Bankruptcy
- Creditor package and Notice of First Meeting of Creditors
- Motion Record of BG Furniture Ltd. returnable December 22, 2016 (Volume 1)
- Motion Record of BG Furniture Ltd. returnable December 22, 2016 (Volume 2)
- Responding Affidavit of Donnacha Rahill dated December 21, 2016
- Responding Affidavit of Stuart des Vignes dated December 21, 2016
- Motion record of Grenville Strategic Royal Corp. returnable January 12, 2017
- Motion Record of A. B. Riley Farber & Partners Inc., Receiver returnable August 4, 2017
Court Orders & Endorsements