First Waste

On November 3, 2008 and subsequent to the filing of Notices of Intention to Make a Proposal pursuant to section 50.4(1) of the Bankruptcy and Insolvency Act, R.S.C. 1985, c. B-3, as amended ("BIA"), BDO Dunwoody Limited was appointed as Chief Restructuring Officer ("CRO") of First Waste Utilities Canada Limited, First Waste Utilities Corporation, First Waste Transload Inc. and First Waste America Inc. (collectively referred to as the " First Waste Companies"),pursuant to an order granted by the Ontario Superior Court of Justice (Commercial List). In connection with the foregoing, Zwaig Associates Inc. acts as Trustee in the BIA proposals of the First Waste Companies.

To access the available documentation and other pertinent information concerning the proceedings in connection with the First Waste Companies, please click on the links on the side menu bar.

Last Updated: December 9, 2008

Court Documents

Please click the links below to view/download the documents:

• First Waste NOI's - October 1 & 8, 2008
• Motion Record Zwaig & Associates Inc. - Returnable October 30, 2008
  • Affidavit of Joel Wagman - Sworn October 19, 2008
• IBC Motion Record - Returnable October 30, 2008
• CN Rail Motion Record - Returnable October 30, 2008
• Proposal Extension & CRO Appointment Order - November 3, 2008
• CRO's Preliminary Report - November 18, 2008
• American Railcar Leasing Motion Record - Returnable November 28, 2008
  • Affidavit of Umesh Choksi and Exhibits A-B
  • Exhibit C
  • Exhibits D- H
  • Exhibits I - K
• BMO Responding Motion - Returnable November 28, 2008
• Motion Record CN Rail - Returnable November 28, 2008
  • Tab 2 - Affidavit of Paul Bannister sworn October 29, 2008
  • Tab 3 - Affidavit of Paul Bannister sworn November 25, 2008
  • Tab 4 - Prelim. Report of Chief Restructuring Officer dated November 18, 2008
• Motion Record Zwaig & Associates - Returnable November 28, 2008
  • Second Report of Melvin Zwaig November 27, 2008
  • Affidavit of Joel Wagman - Sworn November 27, 2008
• Order - American Railcar Leasing re railcars possession - November 28, 2008
• Order re CRO's sales process - November 28, 2008
• Order re proposal extension - November 28, 2008
• Endorsement of Mr. Justice Cumming - November 28, 2008
• Order of Justice Cumming - December 2, 2008

Sale Process

REQUEST FOR OFFERS TO PURCHASE THE BUSINESS & ASSETS OF A CANADIAN WASTE MANAGEMENT/TRANSPORTATION COMPANY

BDO Dunwoody Limited, in its capacity as Chief Restructuring Officer (the "CRO") of First Waste Utilities Canada Limited, First Waste Utilities Corporation, First Waste Transload Inc. and First Waste America Inc., collectively referred to as "First Waste", is inviting offers for the purchase of the going concern business and assets of First Waste.

First Waste is the first and only waste management/transportation company in Canada to transport construction and demolition, industrial, commercial and institutional waste (collectively "C&D Waste") by rail. First Waste is a unique company both within Canada and the United States in that it has constructed and operates Canada's first Transload Facility™. The Transload Facility™ ("TF") is North America's first and only purpose built facility whereby C&D Waste is taken by motor vehicles (trucks) to the TF and is then transferred to specially designed railcars for delivery by Canadian National Railway to various landfill destinations.

This invitation should not be construed as a Sale by Tender. The highest or any offer may not necessarily be accepted and the CRO may terminate the sale process at any time. All non-binding letters of intent will be considered on an individual basis as and when received, and must be received by no later than Friday, December 12, 2008 by 5:00PM EST (Eastern Standard Time).

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Contact Us

BDO DUNWOODY LIMITED
123 Front St. West, Suite 1200
Toronto, Ontario, Canada
M5J 2M2

Tel: 416-865-0210
Fax: 416-865-0904
Email: gcerrato@bdo.ca

If you have a question and wish to be contacted, please provide us with the question(s) that you would like answered, together with your contact information. Your contact information should include your name, the company you represent (if applicable), the type of claim held/nature of interest and a contact number (i.e. telephone and/or fax) or email address where we may reach you.

Please send your enquiry to gcerrato@bdo.ca or by fax to 416-865-0904. Although we endeavour to respond to your enquiry within two business days, the volume of enquiries may impact our response time.