Bow River Energy Ltd.
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”.
Field Operational Contact Information
BDO as receiver and manager (the “Receiver”) of all of Bow River's assets has retained Veracity Energy Services Ltd. (“Veracity”) as its operational consultant to assist with the day-to-day management and operations of Bow River's assets.
Inquiries or concerns related to day-to-day field operations should be directed to Veracity to the attention of either Mr. Ryan Hodak at 780-864-5848 or RyanH@veracityenergy.com, or Mr. Gary Gwartney at 403-592-6252 or GaryG@veracityenergy.com.
Saskatchewan Proceedings – Update as of March 29, 2021
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.
Receiver's Certificates for Limited Discharge (Alberta)
On December 13, 2021, the Court granted an Order for Limited Discharge of Receiver discharging the Receiver from and over Bow River's remaining Alberta interests in well, pipeline and facilities licences that were not the subject of transactions concluded by the Receiver (the “Remaining Alberta Assets”) upon the Receiver delivering a Receiver's Certificate (“Limited Discharge Certificate”) to the Alberta Energy Regulator with respect to those specific Remaining Alberta Assets listed with each such Limited Discharge Certificate. The following Limited Discharge Certificates have been issued to date:
Please note that as a result of the foregoing, the Receiver is now discharged in respect of all of Bow River's licensed and non-operated interests in AER regulated wells, pipelines and facilities.
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
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)
- King's Bench for Saskatchewan Decision - March 7, 2023
Receiver's Reports
Receivership Service List
Contact Information for Receiver
#110, 5800 – 2nd Street SW
Calgary, Alberta T2H 0H2
Jerri Beauchamp – jlbeauchamp@bdo.ca
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
Service List