On May 1, 2020, Olympus Food (Canada) Inc. (the "Company") filed a Notice of Intention to Make a Proposal pursuant to s 50.4(1) of the Bankruptcy and Insolvency Act (“BIA”) and BDO Canada Limited ("BDO") was appointed Proposal Trustee by the Office of the Superintendent of Bankruptcy Canada.
On June 24, 2020 the Court of Queen's Bench of Alberta (the “Court”) granted an Order (the “Claims Process Order”) approving a claims solicitation process. The Claims Process Order established a claims bar date of July 31, 2020. Pursuant to the Claims Process Order, any creditor who failed to submit a proof of claim on or before the Claims Bar Date is barred from asserting or enforcing any claim against the Company and such claim shall be forever extinguished. Copies of the claims process materials, including the Claims Process Order, are provided below.
The Court granted several Orders extending the time in which Olympus must file its proposal to its creditors, with the most recent such Order extending the filing deadline to October 30, 2020.
On October 29, 2020, the Company filed a Proposal to its creditors pursuant to Part III, Division 1 of the BIA. The Proposal was amended on November 3, 2020 (the proposal, as amended on November 3, 2020, is the “Proposal”). A copy of the creditors package with respect to the Proposal, inclusive of a Form of Proxy and a Voting Letter, is enclosed below.
A general meeting of creditors will be held on the 19th day of November, 2020 at 10:00 a.m. MDT by telephone. Creditors wishing to attend the meeting of creditors are asked to contact the Proposal Trustee at [email protected] or by facsimile at 403.640.0591 to obtain secure instructions to attend the meeting.
In order to be entitled to vote at the Creditors' Meeting, creditors must have delivered a proof of claim by July 31, 2020 in accordance with the Claims Process Order granted by the Court.
Further information concerning the proceedings is posted below and will be updated as it becomes available.
Documents
- Certificate for the Notice of Intention
- Notice of Intention to Make a Proposal
- Notice of Intention Creditors Package
- Application (Extension of Time), filed May 25, 2020
- Affidavit of Noli Tingzon, executed May 22, 2020, filed May 25, 2020
- First Report of Proposal Trustee - Olympus Food - 22May20
- Order (Extension of Time to file a Proposal), signed by Justice A.D. Grosse and filed May 29, 2020
- Application (Extension of Time Claims Bar Process)
- Affidavit of Noli Tingzon, sworn June 16, 2020
- 2020 06 16 Letter to Service List
- Second Report of Proposal Trustee - 16Jun20 - Olympus
- Claims Process Cover Letter
- Proof of Claim Form
- Instructions for Completing a Proof of Claim
- Notice to Creditors
- Order (Claims Solicitation Process Order), filed June 29, 2020
- Order (extension of time to file a proposal), filed June 29, 2020
- Affidavit of Noli Tingzon, sworn August 20, 2020 (unfiled)
- Application (Further extension of time to file a proposal) (unfiled)
- Application (Set aside Carrefour Laval disclaimer) (unfiled)
- Third Report of the Proposal Trustee, August 20, 2020 (unfiled)
- Order (extension of time to file a proposal), filed August 27, 2020
- Amended application (set aside disclaimer), set for October 14, 2020
- Affidavit of C.Vezina, sworn August 28, 2020
- Application (Extension of Time), filed September 30, 2020
- Affidavit of Noli Tingzon, sworn September 30, 2020
- Fourth report of the proposal trustee, September 30, 2020
- Application (Approval of settlement agreement), filed October 13, 2020
- Affidavit of Noli Tingzon, sworn October 13, 2020.
- Creditors package on Olympus Proposal, November 4, 2020
- Voting letter
- Proxy
- Application (BIA Proposal Approval), filed November 24, 2020
- Report of Trustee on Proposal, dated November 24, 2020
- Brief - Olympus Proposal Approval, dated December 2, 2020
- Letter to Justice Macleod, December 2, 2020
Contact Us
Kevin Meyler
BDO Canada Limited
110, 5800 - 2nd Street SW
Calgary, AB T2H 0H2
Tel: 403.536.8526
Email: [email protected]