B. Riley Farber Inc. (“B. Riley Farber“) was appointed as a limited-power Interim Receiver (the “Interim Receiver”) of MCS Energy 21 Inc., MCS Energy 16 Inc., MCS Energy 17 Inc., MCS Energy 20 Inc. and Genphix Corporation (collectively, the “Companies”) pursuant to the June 7, 2019 Appointment Order of The Honourable Madam Justice Conway. The Interim Receiver was authorized, but not obligated, to perform certain tasks including:
- Assess what is required and the cost to complete all necessary work to fulfill the Companies’ obligations on the Rink and Auto projects (as defined in the Application Record);
- Investigate and report to the parties and the Court on the use of funds and financial position of the Companies subject to terms that protect the confidential information of the Companies.
The Interim Receiver has submitted its Confidential First Report and Confidential Supplement to the First Report to the parties and the Court. The parties have entered into Minutes of Settlement which are subject to final Court approval and vesting orders as set out in the Endorsement of Justice Conway July 30, 2019. A hearing date for the final Court approvals has not yet been set.
Status Updates
On January 6, 2020, the Court issued an Order (the “Discharge Order”) discharging B. Riley Farber as the Interim Receiver.
Documents
Court Documents
- Endorsement of Justice Conway July 30, 2019
- Confidential Supplemental Report to the First Report of the Interim Receiver July 26, 2019
- Information Production Order and Endorsement of Justice Hainey July 17, 2019
- Direction of Justice Conway July 4, 2019
- Responding Application of Portland Private Income Fund July 3, 2019
- Confidential First Report of the Receiver June 27, 2019
- Hearing Scheduling Endorsement of Justice Conway June 21, 2019
- Report Filing Endorsement of Justice Conway June 19, 2019
- Appointment Order and Endorsement of Justice Conway June 7, 2019
- MCS Responding Application Record
- Supplementary Application Record
- Application Record
- Discharge Order of Justice Conway dated January 6, 2020