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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
Gilles Robillard
Partner | CPA, CA, CIRP, LIT Phone514.934.3484
Emailgrobillard@richter.ca

Andrew Adessky
Partner | CPA, CA, MBA, CIRP, LIT Phone514.934.3513
Emailaadessky@richter.ca