Pride Group Holdings Inc. v CWB Maximum Financial Inc
Pride Group Holdings Inc.
Law Firm / Organization
Thornton Grout Finnigan LLP
Lawyer(s)

Puya Fesharaki

CWB Maximum Financial Inc
Law Firm / Organization
Miller Thomson LLP
Lawyer(s)

Asim Iqbal

Meridian Onecap Credit Corp
Law Firm / Organization
Pallett Valo LLP
Lawyer(s)

Monty Dhaliwal

Paccar Financial Ltd
Paccar Financial Services Ltd
2121043 Ontario Inc
Lawyer(s)

Stewart Thom

VersaFinance US Corp.
Law Firm / Organization
Reconstruct LLP
Lawyer(s)

Caitlin E. Fell

His Majesty the King in Right of Canada as Represented by the Canada Revenue Agency
Law Firm / Organization
Unrepresented
Paccar Financial Corp.
First Insurance Funding, a division of Lake Forest Bank & Trust Company, N.A.
Law Firm / Organization
Camelino Galessiere LLP
Dickinson Wright PLLC
Law Firm / Organization
Dickinson Wright LLP
Lawyer(s)

Lisa Susan Corne

Finloc 2000 Inc.
Law Firm / Organization
Loopstra Nixon LLP
Lawyer(s)

R. Graham Phoenix

Key Points:

  • Relief Sought: The Applicants (Pride Group Holdings Inc. and affiliates) requested approval of:

    • Wind-down, Liquidity Contribution, and Turnover Order.
    • Extension of stay of proceedings and a Key Employee Retention Plan (KERP).
  • Context:

    • Pride Entities needed $40 million to execute a wind-down. The initial funding plan, which required lenders to contribute, was rejected.
    • The new plan involves selling inventory to generate liquidity, allowing Recourse Lenders the option to fund their share or allow sales of secured collateral.
  • Court’s Decision:

    • Approved the Turnover Order, permitting inventory sales by Nations Capital LLC to fund the wind-down. Secured creditors may either contribute or retrieve their collateral if obligations are met.
    • Extended the stay of proceedings to March 31, 2025, and approved a $1.8 million KERP to retain key employees.
  • Legal Basis:

    • Relief granted under section 11 of the Companies' Creditors Arrangement Act (CCAA) to support good faith efforts and maximize creditor recoveries.
  • Rationale:

    • The revised plan prevents forcing lenders to contribute involuntarily while ensuring an orderly liquidation to benefit stakeholders. The KERP was necessary to retain essential personnel for the complex asset turnover.

Conclusion: Orders were granted to support an efficient wind-down and extend the stay for successful implementation. No monetary award specified.

Superior Court of Justice - Ontario
CV-24-00717340-00CL
Corporate & commercial law
$ 0
Applicant
27 March 2024