RECEIVERSHIP PROCEEDINGS
On October 28, 2020, the Court of Queen's Bench For Saskatchewan in Bankruptcy and Insolvency granted an Order appointing BDO Canada Limited (“BDO”) as receiver and manager of Bow River Energy Ltd.'s (“Bow River”) Saskatchewan assets. On October 29, 2020, the Court of Queen's Bench of Alberta granted an Order appointing BDO as receiver and manger of Bow River's Alberta assets. Copies of the respective Receivership Orders can be found below under the section entitled “Court Orders”.
Saskatchewan Proceedings
The Receiver has been discharged over all assets located in Saskatchewan that are not the subject of the Sale Approval and Vesting Orders granted on March 29, 2021 that can be found below.
The Receiver filed the Receiver’s Certificate with the Court which discharged the Receiver and concluded the Saskatchewan receivership proceedings. A copy of this certificate is provided below:
Additionally, a dispute to the priority of net proceeds in the receivership has finally concluded.
Alberta Proceedings
The Receiver has been discharged in respect of all of Bow River's remaining Alberta interests in well, pipeline and facilities licences that were not the subject of transactions concluded by the pursuant to the following Limited Discharge Certificates issued in accordance with an Order for Limited Discharge of Receiver dated December 13, 2021:
- Limited Discharge Certificate #1 – January 19, 2022
- Limited Discharge Certificate #2 – January 27, 2022
- Limited Discharge Certificate #3 – March 21, 2022
- Limited Discharge Certificate #4 – February 10, 2023
On April 4, 2023, the Court granted a further Discharge Order, fully discharging the Receiver upon the filing of a certificate with the Court.
Receivership Court Orders & Decisions
- Receivership Order (SK) – October 28, 2020
- Receivership Order (AB) – October 29, 2020
- Order re: SSP and Sales Agent (AB) – December 2, 2020
- Sale Approval and Vesting Order (SK) (re: Heartland) – March 29, 2021
- Sale Approval and Vesting Order (SK) (re: Tallahassee) – March 29, 2021
- Order re: Distribution and Discharge of Receiver (SK) – March 29, 2021
- Approval and Vesting Order (AB) – re: (Axiom) – April 26, 2021
- Approval and Vesting Order (AB) – re: (BRW) – April 26, 2021
- Approval and Vesting Order (AB) – re: (Dark Warrior) – April 26, 2021
- Approval and Vesting Order (AB) – re: (Partners Energy) – April 26, 2021
- Approval and Vesting Order (AB) – re: (West Lake) – April 26, 2021
- Order re: Sealing and Approval of Receiver's Actions and Fees (AB) – April 26, 2021
- Fiat – July 5, 2021 - McCreary J. (SK)
- Approval and Vesting Order (AB) – re: (Erdol) – December 13, 2021
- Approval and Vesting Order (AB) – re: (Ghost River) – December 13, 2021
- Approval and Vesting Order (AB) – re: (Silverleaf) – December 13, 2021
- Approval and Vesting Order (AB) – re: (Tallahassee) – December 13, 2021
- Order re: Sealing and Approval of Receiver's Actions and Fees (AB) – December 13, 2021
- Order for Limited Discharge of Receiver (AB) – December 13, 2021
- King's Bench for Saskatchewan Decision - March 7, 2023
- Order re Distribution & Discharge - April 3, 2023
- Order re Tallahassee Energy - April 3, 2023
- Court of Appeal for Saskatchewan Dismissal re Bow River SK - November 1, 2023
Receivership Court Filings
- Application re: SSP and Sales Agent (AB)
- Application re: Approval of Sale, Sealing, Approval of Receiver's Fees, Distribution and Discharge (SK)
- Bench Brief of Receiver re: Approval of Sale, Sealing, Approval of Receiver's Fees, Distribution and Discharge (SK)
- Affidavit of Candy Dominique – March 9, 2021 (SK)
- Affidavit of Allison Endersby – March 25, 2021 (SK)
- Application re: Sale Approval and Vesting Orders (AB)
- Application of R.M. of Eye Hill No. 382 (SK)
- Bench Brief of R.M. of Eye Hill No. 382, et al (SK)
- Book of Authorities of R.M. of Eye Hill No. 382, et al (SK)
- Bench Brief of Her Majesty the Queen (as represented by the Minister of Energy and Resources) (SK)
- Receiver's Certificate (AB) – re: (Axiom)
- Receiver's Certificate (AB) – re: (BRW)
- Receiver's Certificate (AB) – re: (Dark Warrior)
- Receiver's Certificate (AB) – re: (Partners Energy)
- Receiver's Certificate (AB) – re: (West Lake)
- Application re: Sale Approval and Vesting Orders (AB)
- Transcript of Cross-Examination of Candy Dominique – November 4, 2021 (SK)
- Exhibit “A” of Transcript of Cross-Examination of Candy Dominique – November 4, 2021 (SK)
- Exhibit “B” of Transcript of Cross-Examination of Candy Dominique – November 4, 2021 (SK)
- Affidavit of Jason Pilat (RM of Eye Hill No. 382) – February 1, 2022 (SK)
- Affidavit of Theresa Poschenrieder (RM of Grass Lake No. 381) – February 11, 2022 (SK)
- Affidavit of Janice Carbert (RM of Meadow Lake) – February 11, 2022 (SK)
- Affidavit of Paulina Herle (RM of Senlac No. 411) – February 15, 2022 (SK)
- Affidavit of Sharon Stacey (RM of Beaver River No. 622) – February 17, 2022 (SK)
- Affidavit of Candy Dominique – February 18, 2022 (SK)
- Affidavit of Crystal Schaan (RM of Frenchman Butte No. 501) – February 22, 2022 (SK)
- Brief of Law of R.M. of Eye Hill No. 382, et al – February 28, 2022 (SK)
- Brief of Law of Her Majesty the Queen (as represented by the Minister of Energy and Resources) (SK) – March 4, 2022
- Affidavit of Allison Endersby – March 8, 2022 (SK)
- Bench Brief of Receiver – March 9, 2022 (SK)
- Bench Brief of Bidell Gas Compression Ltd. – March 10, 2022 (SK)
- Supplemental Authorities of R.M. of Eye Hill No. 382, et al – March 11, 2022 (SK)
- Application re Tallahassee & Receiver's Discharge - April 3, 2023
- Affidavit of Tallahassee, sworn March 31, 2023
Receiver's Reports
- First Report of the Receiver (AB) – November 23, 2020
- First Report of the Receiver (SK) – March 18, 2021
- Supplement to the First Report of the Receiver (SK) – March 25, 2021
- Second Report of the Receiver (AB) – April 19, 2021
- Second Report of the Receiver (SK) – June 24, 2021
- Third Report of the Receiver (AB) – December 6, 2021
- Third Report of the Receiver (SK) – March 8, 2022
- Fourth Report of the Receiver (AB) - March 27, 2023
Receivership Service List
- Service list as at June 28, 2021
- Service list as at December 3, 2021
- Service list as at February 28, 2022
Contact Information for Receiver
#110, 5800 – 2nd Street SW
Calgary, Alberta T2H 0H2
Jerri Beauchamp – [email protected]
Phone: 825-509-0394
Fax: 403-640-0591
CCAA PROCEEDINGS
On June 1, 2020, an Order (the "CCAA Initial Order") was granted by the Honourable Madam Justice A. D. Grosse of the Court of Queen's Bench of Alberta (the "Court") pursuant to the Companies' Creditors Arrangement Act (the "CCAA") granting Bow River Energy Ltd. (the "Company") various relief including, but not limited to, the imposition of an initial Stay of Proceedings against the Company and its assets through to June 11, 2020. The Court appointed BDO Canada Limited as the monitor of the Company (the "Monitor").
On June 10, 2020, the Court granted an Amended and Restated CCAA Initial Order (the “ARIO”) which extended the Stay to July 31, 2020. On July 24, 2020, the Court granted an order further extending the Stay through to October 16, 2020. On October 6, 2020, the Court further extended the Stay until October 30, 2020.
On October 29, 2020, the Court granted an Order providing for the termination of the CCAA proceedings and the discharge of the Monitor.
Court Filings
- Originating Application re: CCAA Initial Order
- Affidavit of D. Belot – May 29, 2020
- Bench Brief re: CCAA Initial Order
- Affidavit of D. Belot - June 5, 2020
- Application re: Amended and Restated Initial CCAA Order
- Application re: Approval of Settlement, Interim Financing, Stalking Horse & SISP
- Affidavit of D. Belot – July 17, 2020
- Bench Brief re: Approval of Settlement, Interim Financing, Stalking Horse & SISP
- Application re: Stay Extension
- Affidavit of D. Belot – September 28, 2020
- Application re: Restricted Court Access
- Supplemental Affidavit of D, Belot – October 5, 2020
- Notice of Change of Representation
- Application by 2270943 Alberta Ltd. re: Sale Approval and Vesting Order
- Affidavit of Robert Dumaine – October 14, 2020
- Affidavit of Josh Woodlock – October 14, 2020
- Application by 2270943 Alberta Ltd. re: Sealing Order
- Bench Brief of 2270943 Alberta Ltd. – Volume I
- Bench Brief of 2270943 Alberta Ltd. – Volume II
- Transcript of July 24, 2020 Court Hearing
- Application re: Repayment of Interim Facility and Discharge of Monitor
- Affidavit of D. Belot – October 19, 2020
- Supplemental Affidavit of D. Belot – October 22, 2020
- Application re: Appointment of Receiver(Alberta)
- Affidavit of Lars De Pauw – October 21, 2020
- Affidavit of Maria Lavelle – October 21, 2020
- Brief of Argument of Orphan Well Association and Alberta Energy Regulator
- Affidavit of Lars De Pauw – October 23, 2020
- Affidavit of Maria Lavelle – October 23, 2020
- Order (Abridgement of Time) - October 22, 2020
- Notice of Application re: Appointment of Receiver (Saskatchewan)
- Affidavit of B. Wagner – October 26, 2020
- Brief of Law of the Minister of Energy and Resources
- Monitor's Certificate
CCAA Court Orders
- CCAA Initial Order – June 1, 2020
- Amended and Restated CCAA Initial Order – June 10, 2020
- Order re: Approval of SISP Advisor, Stalking Horse & SISP – July 24, 2020
- Order re: Approval of Stay Extension, Interim Financing & Settlement Agreement – July 24, 2020
- Order re: Stay Extension – October 6, 2020
- Order re: Sealing – October 6, 2020
- Order re: Payments to 2270943 Alberta Ltd. – October 29, 2020
- Order re: Discharge of Monitor – October 29, 2020
Monitor's Reports and Correspondence
- Monitor's Letter to Creditors - June 4, 2020
- Creditor list as at June 1, 2020
- First Report of the Monitor – June 5, 2020
- Second Report of the Monitor – July 20, 2020
- Third Report of the Monitor – September 30, 2020