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Kitco Metals Inc.
Restructuring CaseDocuments
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CCAA Proceedings
- Certificate of the Monitor of Kitco Metals Inc. (Plan Completion) – dated July 5, 2018 – 45kb
- Certificate of the Monitor of Kitco Metals Inc. (Plan Implementation) – dated June 21, 2018 – 42kb
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Court orders
- Sanction Order – dated May 18, 2018 – 2mb
- Order (Authorization to use funds currently held by the Monitor) – dated October 27, 2017 – 79kb
- Application for authorization to use funds currently held by the Monitor – dated October 23, 2017 – 2mb
- Judgment on Kitco’s amended Application for a Declaratory Judgment regarding the Currency Conversion Rate applicable to the Claim of Heareus – dated September 28, 2017 – 859kb
- Order (Eleventh Extension of the Initial Order and Authorization to pay a Dividend) – dated May 24, 2017 – 75kb
- Judgment (French version only) – dated February 20, 2017 – 1mb
- Judgment on Application for Authorization to pay a further partial Dividend – dated October 27, 2016 – 126kb
- Order (Authorization to reimburse a loan) – dated August 9, 2016 – 50kb
- Order for Tenth Extension of the Initial Order – dated May 25, 2016 – 559kb
- Judgment on Kitco’s re-amended Motion concerning set-off effected by the Tax Authorities – dated February 1, 2016 – 1mb
- Order for a Ninth Extension of the Initial Order – dated June 18, 2015 – 81kb
- Management Order (French version only) – dated March 27, 2015 – 74kb
- Order for an Eighth Extension of the Initial Order – dated November 6, 2014 – 36kb
- Order for an Eighth Extension of the Initial Order and Management Order on pending Motions – dated October 8, 2014 – 82kb
- Order for a Seventh Extension of the Initial Order – dated August 21, 2014 – 39kb
- Order authorizing partial payment of dividend to creditors (French version only) – dated April 17, 2014 – 92kb
- Order for a Sixth Extension of the Initial Order and Other Orders – dated March 13, 2014 – 351kb
- Vesting Order – dated June 28, 2013 – 137kb
- Order for a fifth extension of the Initial Order – dated June 25, 2013 – 64kb
- Order for a Fourth Extension of the Initial Order – dated October 15, 2012 – 55kb
- Corrected Order approving a Claim Process – dated April 20, 2012 – 855kb
- Order approving a Claim Process – dated April 18, 2012 – 827kb
- Order for a Third extension of the Initial Order – dated April 18, 2012 – 98kb
- Order for a Second Extension of the Initial Order – dated October 18, 2011 – 71kb
- Order for a First Extension of the Initial Order – dated July 27, 2011 – 41kb
- Initial Order – dated July 7, 2011 – 896kb
- Forms
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Motion materials
- Date and Time of Hearing for the Application for the Issuance of an Order sanctioning the Plan of Compromise and Arrangement and other Relief – dated April 11, 2018 – 89kb
- Application for the Issuance of an Order sanctionning the Plan of Compromise and Arrangement and other Relief – dated April 3, 2018 – 2mb
- Application for an Eleventh Extension of the Initial Order and for Authorisation to pay a Dividend – dated May 19, 2017 – 508kb
- Plea of Heraeus Metals New York LLC in contestation of the Application for an Order forcing Heraeus Metals New York LLC to return certain Assets of Petitioner’s Pool Account Customers – dated January 13, 2017 – 308kb
- Defense of Heraeus Metals New York LLC against the Application for a Declaratory Judgment regarding the Currency Conversion Rate Applicable to the Claim of Heraeus Metals New York LLC (French version only) – dated January 13, 2017 – 501kb
- Application for an Order forcing Heraeus Metals New York LLC to return certain Assets of Petitioner’s Pool Account Customers – dated December 1, 2016 – 1mb
- Application for a Declaratory Judgment regarding the Currency Conversion Rate Applicable to the Claim of Heraeus Metals New York LLC – dated December 1, 2016 – 2mb
- Application for Authorization to pay a further Partial Dividend – dated October 3, 2016 – 2mb
- Motion for Authorization to reimburse a Loan – dated June 29, 2016 – 3mb
- Amended motion for a Tenth Extension of the Initial Order and for Authorization to pay a Partial Dividend – dated May 25, 2016 – 364kb
- Motion for a Tenth Extension of the Initial Order and for Authorisation to pay a Partial Dividend – dated May 20, 2016 – 1mb
- Application De Bene Esse for leave to intervene of the Canadian Association of Insolvency and Restructuring Professionnals – dated April 26, 2016 – 5mb
- Amended Motion for authorization to appeal of Revenu Québec (French version only) – dated February 25, 2016 – 7mb
- Amended Motion for authorization to appeal of the Attorney General of Canada (French version only) – dated February 24, 2016 – 8mb
- Application for Authorization to appeal of Revenu Québec (French version only) – dated February 19, 2016 – 17mb
- Notice of Appeal of Revenu Quebec (French version only) – dated February 19, 2016 – 14mb
- Application for Authorization to appeal of the Attorney General of Canada (French version only) – dated February 19, 2016 – 8mb
- Notice of Appeal of the Attorney General of Canada (French version only) – dated February 19, 2016 – 2mb
- Re-amended Motion to enforce the initial Order, to declare illegal certain Rights of set-off exercised by the Agence du Revenu du Québec and the Attorney General of Canada, to declare inapplicable, invalid, inoperative, unconstitutional or of no Force and effect certain Provisions of certain Tax Statutes of the Province of Quebec and of Canada and to condemn l’Agency du Revenu du Québec and the Attorney General of Canada to pay to the Petitioner the Input Tax Credits and the input Tax Refunds to which it is entiled – dated December 17, 2015 – 86kb
- Notes and authorities of l’Agence du revenu du Québec in support of its opposition to Motion to enforce the Initial Order, to declare illegal certains Rights of set-off exercises by the Agence du revenu du Québec, to declare inapplicable, invalid, inoperative, unconstitutional or of no Force and Effect certain Provisions of certain Tax Statutes of the Province of Canada and to condemn the Agence du revenu du Québec to pay to the Petitioner the Input Tax Credits and the Input Tax Refunds to which it is entitled (French version only) – dated October 30, 2015 – 2mb
- Amended Motion to enforce the Initial Order, to declare illegal certain Rights of set-off exercised by the Agence du revenu du Québec and the Attorney General of Canada, to declare innaplicable, invalid, inoperative, unconstitutional or of no Force and Effect certain Provisions of certain Tax Statutes of the Province of Quebec and of Canada and to condemn l’Agence du revenu du Quebec and the Attorney General of Canada to pay to the Petitioner the Input Tax Credits and the Input Tax Refunds to which it is entitled – dated October 30, 2015 – 657kb
- Notes and authorities of the Attorney General of Canada in support of its opposition to Motion to enforce the Initial Order, to declare illegal certains Rights of set-off exercises by the Attorney General of Canada, to declare inapplicable, invalid, inoperative, unconstitutional or of no Force and Effect certain Provisions of certain Tax Statutes of the Province of Canada and to condemn the Attorney General of Canada to pay to the Petitioner the Input Tax Credits and the Input Tax Refunds to which it is entitled (French version only) – dated October 30, 2015 – 9mb
- List of Authorities – Tab 41 – 53 – 6mb
- List of Authorities – Tab 31 – 40 – 5mb
- List of Authorities – Tab 21 – 30 – 3mb
- List of Authorities – Tab 11 – 20 – 20mb
- List of Authorities – Tab 1 – 10 – 21mb
- Argumentation Plan of Kitco Metals Inc. in support of its Motion to enforce the Initial Order, to declare illegal certains Rights of set-off exercises by the Agence du Revenu du Québec and the Attorney General of Canada, to declare inapplicable, invalid, inoperative, unconstitutional or of no Force and Effect certain Provisions of certain Tax Statutes of the Province of Québec and of Canada and to condemn l’Agence du Revenu du Québec and the Attorney General of Canada to pay to the Petitioner the Input Tax Credits and the Input Tax Refunds to which it is entitled – dated September 8, 2015 – 1mb
- Motion for an Ninth Extension of the Initial Order – dated June 16, 2015 – 4mb
- Appeal of the Attorney General of Canada of the Motion to Enforce the Initial Order, to declare illegal certain Rights of set-off exercised by the Agence du Revenu du Canada and the Attorney General du Canada, to declare illegal certains Rights of set-off exercises by the Attorney General of Canada, to declare inapplicable, invalid, inoperative, unconstitutional or of no Force and Effect certain Provisions of certain Tax Statutes of the Province of Québec and of Canada and to condemn the Agence du Revenu du Canada and the Attorney General of Canada to pay to the Petitioner the Input Tax Credits and the Input Tax Refunds to which it is entitled (French version only) – dated February 6, 2015 – 2mb
- Appeal of Agence du Revenu du Québec and the Attorney General of Canada of the Motion to Enforce the Initial Order, to declare illegal certain Rights of set-off exercised by the Agence du Revenu du Québec and the Attorney General du Canada, to declare illegal certains Rights of set-off exercises by the Agence du Revenu du Québec and the Attorney General of Canada, to declare inapplicable, invalid, inoperative, unconstitutional or of no Force and Effect certain Provisions of certain Tax Statutes of the Province of Québec and of Canada and to condemn l’Agence du Revenu du Québec and the Attorney General of Canada to pay to the Petitioner the Input Tax Credits and the Input Tax Refunds to which it is entitled – dated February 6, 2015 – 2mb
- Motion for an Eighth Extension of the Initial Order – dated October 7, 2014 – 281kb
- Motion for a Seventh Extension of the Initial Order – dated August 19, 2014 – 148kb
- Motion for a sixth extension of the Initial Order and other Orders – dated March 11, 2014 – 480kb
- Notice of Substitution of Counsel for the Petitioner (French version only) – dated February 14, 2014 – 69kb
- Motion to enforce the Initial Order, to declare illegal certain rights of set-off exercised by the Agence du revenu du Québec – dated June 20, 2013 – 828kb
- Motion for the issuance of an Order authorizing the sale of certain assets of the Petitioner – dated June 20, 2013 – 438kb
- Motion for a fifth extension of the Initial Order – dated June 19, 2013 – 294kb
- Motion for a Fourth Extension of the Initial Order – dated October 12, 2012 – 3mb
- Motion for an Order approving a Claims Process – dated April 16, 2012 – 16mb
- Motion for a Third Extension of the Initial Order – dated April 16, 2012 – 411kb
- Motion for a Second Extension of the Initial Order – dated October 14, 2011 – 409kb
- Motion for a First Extension of the Initial Order – dated July 26, 2011 – 647kb
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Notices
- Re-amended Notice of Intention pursuant to Article 95 of the Code of Civil Procedure (L.R.Q. c. C-25) – dated October 30, 2015 – 471kb
- Instruction Letter for the Claims Process – dated April 25, 2012 – 631kb
- Creditor list – dated July 13, 2011 – 179kb
- Notice to Creditors – dated July 11, 2011 – 73kb
- Other
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Reports
- Thirty-Fourth Report of the Monitor on the Petitioner’s Plan of Arrangement – dated April 11, 2018 – 54kb
- Thirty-Third Report of the Monitor on the State of Petitioner’s Financial Affairs – dated February 6, 2018 – 2mb
- Thirty-Second Report of the Monitor on the State of Petitioner’s Financial Affairs – dated September 18, 2017 – 2mb
- Thirty-First Report of the Monitor on the State of Petitioner’s Financial Affairs – dated May 19, 2017 – 7mb
- Thirtieth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated February 15, 2017 – 5mb
- Twenty-ninth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated October 7, 2016 – 2mb
- Twenty Eighth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated May 24, 2016 -3mb
- Twenty Seventh Report of the Monitor on the State of Petitioner’s Financial Affairs – dated February 23, 2016 -5mb
- Twenty Six Report of the Monitor on the State of Petitioner’s Financial Affairs – dated October 30, 2015 – 515kb
- Twenty Fifth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated June 16, 2015 – 5mb
- Twenty Fourth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated May 4, 2015 – 3mb
- Twenty Third Report of the Monitor on the State of Petitioner’s Financial Affairs – dated January 23, 2015 – 595kb
- Twenty Second Report of the Monitor on the State of Petitioner’s Financial Affairs – dated October 7, 2014 – 2mb
- Twenty First Report of the Monitor on the State of Petitioner’s Financial Affairs – dated August 20, 2014 – 2mb
- Twentieth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated July 7, 2014 – 3mb
- Nineteenth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated April 14, 2014 – 105kb
- Eighteenth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated March 11, 2014 – 9mb
- Seventeenth Report of the Monitor on the state of Petitioner’s Financial Affairs – dated February 4, 2014 – 653kb
- Sixteenth Report of the Monitor on the state of Petitioner’s Financial Affairs – dated October 22, 2013 – 304kb
- Fifteenth Report of the Monitor on the state of Petitioner’s Financial Affairs – dated June 20, 2013 – 638kb
- Fourteenth Report of the Monitor on the state of Petitioner’s Financial Affairs – dated June 19, 2013 – 9mb
- Thirteenth report of the Monitor on the state of Petitioner’s financial affairs – dated May 10, 2013 – 704kb
- Twelfth report of the Monitor on the state of the Petitioner’s financial affairs – dated February 27, 2013 – 1mb
- Eleventh Report of the Monitor on the State of Petitioner’s Financial Affaires – dated October 12, 2012 – 2mb
- Tenth Report of the Monitor on the state of Petitioner’s Financial Affairs – dated September 7, 2012 – 652kb
- Ninth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated April 16, 2012 – 2mb
- Eighth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated March 8, 2012 – 2mb
- Seventh report of the Monitor on the State of the Petitioners Financial Affairs – dated January 31, 2012 – 789kb
- Sixth Report of the Monitor on the State of the Petitioner’s Financial Affairs – dated December 21, 2011 – 886kb
- Fifth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated November 16, 2011 – 987kb
- Fourth Report of the Monitor on the State of Petitioner’s Financial Affairs – dated October 14, 2011 – 777kb
- Third report of the Monitor on the state of Petitioner’s financial affairs – dated September 30, 2011 – 1mb
- Second Report of the Monitor – dated August 31, 2011 – 797kb
- First Report of the Monitor – dated July 25, 2011 – 1mb
- Report of RSM Richter Inc. – dated July 6, 2011 – 52kb
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CCAA Proceedings