Phoena Holdings Inc. and affiliates obtain CCAA

Company

Phoena Holdings Inc.

Law Firm / Organization
Miller Thomson LLP

Company

Phoena Inc.

Law Firm / Organization
Miller Thomson LLP

Company

Elmcliffe Investments Inc.

Law Firm / Organization
Miller Thomson LLP

Company

Elmcliffe Investments [No 2] Inc.

Law Firm / Organization
Miller Thomson LLP

Company

CTI Holdings (Osoyoos) Inc.

Law Firm / Organization
Miller Thomson LLP

Company

Ernst & Young Inc.

Law Firm / Organization
Thornton Grout Finnigan LLP

Company

Cortland Credit Lending Corporation

Law Firm / Organization
Cassels Brock & Blackwell LLP

Company

Balfour Energy Corp.

Law Firm / Organization
Fogler, Rubinoff LLP

Government

Canada Revenue Agency

Law Firm / Organization
Attorney General of Canada

Phoena Holdings Inc. and several Ontario-based cannabis companies secured CCAA protection on April 4, 2023. These companies, excluding Phoena Holdings and Elmcliffe Investments [No. 2] Inc., were involved in prior CCAA proceedings. Phoena Holdings, previously known as CannTrust Equity Inc., had emerged from CCAA protection on March 15, 2022, following the CannTrust group's CCAA plan implementation on January 5, 2022.

Despite regaining their cannabis licenses and undertaking various cost-cutting measures, the applicants failed to boost revenue enough to offset substantial operating costs. They incurred significant losses due to unfavorable market conditions, including an oversupply of cannabis and persistent price compression.

The companies plan to wind down operations, pursue a potential sale, and appoint a liquidator to aid in selling inventory, equipment, and fixtures. Ernst & Young (EY) was appointed as Monitor, represented by Thornton Grout Finnigan LLP (TGF). Miller Thomson LLP is advising the companies. Cortland Lending Corporation, the primary secured creditor, is represented by Cassels Brock & Blackwell LLP and supported by financial advisor KSV. Fogler Rubinoff LLP is acting as counsel for secured creditor Balfour Energy Corp.

Merger & Acquisition
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