On January 23, 2019, Donaldson & James Ltd. and The Agency Employment Services Ltd. (the “Companies”) filed a Notice of Intention to Make a Proposal (“NOI”) under Section 50.4 of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended (the “BIA”), and B. Riley Farber Inc. (“B. Riley Farber“) was appointed as Proposal Trustee in the Companies’ NOI proceedings (in such capacity, the “Proposal Trustee”). A copy of the Certificates of Filing of a Notice of Intention to Make a Proposal are posted below.
The NOI filings by Donaldson & James Ltd. and The Agency Employment Services Ltd. provide an automatic stay of proceedings against the creditors of the Companies for a 30-day period (the “Stay Period”), thus providing the opportunity to restructure the affairs of Donaldson & James Ltd. and The Agency Employment Services Ltd. and formulate a proposal to creditors. Copies of the NOI and notice to creditors are posted below.
On May 16, 2019, the Ontario Superior Court of Justice (Commercial List) (the “Court”) made an Endorsement extending the time for the Companies to make a Proposal to May 31, 2019. A copy of Justice Conway’s May 16, 2019 Endorsement is posted below.
Status Updates
On May 30, 2019, the Court made an Administrative and Vesting Order approving the sale of the Companies’ assets. The sale closed on May 31, 2019. The Companies did not file proposals by the end of the day May 31, 2019; accordingly, they were deemed to have filed assignments in bankruptcy effective June 1, 2019.
The bankruptcy Notices with Proofs of Claim are attached below. As indicated thereon, the First Meeting of Creditors will be held on June 20, 2019 at 10:00 a.m. at the Sunbridge Hotel & Conference Centre Cambridge, 200 Holiday Inn Drive, in Cambridge, Ontario.
Sales Process
Creditor Enquiries
For creditor enquiries, please contact:
Geanina Schmidt
T: 437.294.4620
E: [email protected]
The case updates and court filed documents on this website are for information purposes only and you should consult your financial or 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.
Documents
Bankruptcy Documents
- Notice of Bankruptcy and First Meeting of Creditors, Donaldson & James Ltd.
- Certificate of Assignment, Donaldson & James Ltd.
- Notice of Bankruptcy and First Meeting of Creditors, The Agency Employment Services Ltd.
- Certificate of Assignment, The Agency Employment Services Ltd.
Proposal Documents
- Certificate of Filling of a Notice of Intention to Make a Proposal, Donaldson & James Ltd.
- Certificate of Filling of a Notice of Intention to Make a Proposal, The Agency Employment Services Ltd.
- NOI Creditors Package, Donaldson & James Ltd.
- NOI Creditors Package, The Agency Employment Services Ltd.
Motion Materials
- Motion Record of Donaldson & James Ltd., Part 1, Returnable January 31, 2019
- Motion Record of Donaldson & James Ltd., Part 2, Returnable January 31, 2019
- Motion Record of Donaldson & James Ltd., Part 3, Returnable January 31, 2019
- Motion Record of The Agency Employments Service Ltd., Returnable January 31, 2019
- Factum and Book of Authorities
- Supplemental Motion Record of Donaldson & James Ltd. and The Agency Employment Services Ltd., Returnable March 7, 2019
- Motion Record of the Applicants, Returnable May 15, 2019
- Affidavit of Margaret Bernat (with exhibits A-J), dated May 14, 2019
- Responding Motion Record of Transline Resources Group (Canada) Inc., Returnable May 15, 2019
- Supplemental Motion Record of Donaldson & James Ltd. and The Agency Employment Services Ltd., Returnable May 16, 2019
Service List
Court Reports
- First Report of the Proposal Trustee, Donaldson & James Ltd.
- First Report of the Proposal Trustee, The Agency Employment Services Ltd.
- Second Report of the Proposal Trustee, Donaldson & James Ltd. and The Agency Employment Services Ltd.
- Third Report of the Proposal Trustee, Donaldson & James Ltd. and The Agency Employment Services Ltd.
- Second Supplement to the Third Report of the Proposal Trustee, Donaldson & James Ltd. and The Agency Employment Services Ltd.
- Third Supplement to the Third Report of the Proposal Trustee, Donaldson & James Ltd. and The Agency Employment Services Ltd.
Court Orders & Endorsements
- Administrative Consolidated Order, Justice Penny, dated January 31, 2019 – Donaldson & James Ltd.
- Administrative Consolidated Order, Justice Penny, dated January 31, 2019 – The Agency Employment Services Ltd.
- Consolidated Initial Order, Justice Penny, dated January 31, 2019
- Consolidated Endorsement, Justice Penny, dated January 31, 2019
- Endorsement, Justice Pattillo, dated February 8, 2019
- Endorsement, Justice Penny, dated March 7, 2019
- Amended and Restated Order, Justice Penny, dated March 7, 2019
- Order re Approval of Sales Process and Extension of NOI, Justice Penny, dated March 7, 2019
- Order re Approval of Extension of NOI, Justice Conway, dated May 16, 2019
- Endorsement, Justice Penny, dated May 30, 2019
- Order re Approval and Vesting Order, Justice Penny, dated May 30, 2019
- Order of Master Jean, dated December 10, 2019 – Donaldson & James Ltd. – Lift of Stay
- Order of Master Jean, dated December 10, 2019 – The Agency Employment Services Ltd. – Lift of Stay