On February 28, 2025, Kroeger Inc. (the “Company“) 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”).
The NOI filing provides for a stay of proceedings against the Company, pursuant to s. 69(1) of the BIA, subject to certain limitations, while the Company formulates a restructuring plan and attempts to develop a viable proposal for its creditors.
On March 10, 2025 the Ontario Superior Court of Justice (Commercial List) issued an order extending the time for the Company to file a proposal pursuant to section 50.4(9) of the BIA, the time for the Company to file a proposal with the official receiver, including the stay of proceedings, is hereby extended up to and including May 14, 2025.
Relevant documents can be found below.
Creditor Inquiries
For creditor inquiries, please contact:
Sara Corcoran
Corporate Insolvency Administrator | Restructuring
T: 437.294.4650
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
NOI/Proposal Documents
• Certificate of Filing of a Notice of Intention to Make a Proposal – February 28, 2025
Court Reports
• First Report of the Proposal Trustee – March 7, 2025
• Second Report of the Proposal Trustee – April 30, 2025
Motion Materials
• Motion Record, returnable March 10, 2025
• Factum of the Applicant, returnable March 10, 2025
• Supplementary Factum of the Applicant, returnable March 10, 2025
• Motion Record, returnable May 2, 2025
• Aide Memoire of Business Development Bank of Canada – May 1, 2025
Court Orders and Endorsements
• Endorsement of Justice Cavanagh – February 26, 2025
• Order of Justice Cavanagh (Initial Proposal Order) – March 10, 2025
• Order of Justice Cavanagh (Stalking Horse SISP) – March 10, 2025
• Endorsement of Justice Conway – May 2, 2025
• Order of Justice Conway (Ancillary Relief and Distribution Order Order) – May 2, 2025
• Order of Justice Conway (Approval and Vesting Order) – May 2, 2025