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Insolvency cases
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Kitco Metals Inc.
Restructuring Case
Documents
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
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
Proof of Claim – dated April 25, 2012 – 41kb
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
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
Minutes of the Hearing – dated May 18, 2018 – 367kb
Service List – Updated September 19, 2017 – 25kb
Minutes of Hearing (French version only) – dated March 15, 2016 – 129kb
Acknowledgement of Filing – Form 1 – dated July 8, 2011 – 122kb
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
Contact
Gilles Robillard
Consultant |
CPA, CA, CIRP, LIT
Phone
514.934.3484
Email
grobillard@richter.ca
Andrew Adessky
Partner |
CPA, CA, MBA, CIRP, LIT
Phone
514.934.3513
Email
aadessky@richter.ca
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