On February 10, 2023, Polar Window of Canada Ltd., Accurate Dorwin (2020) Inc., Glass 8 Inc., National Interiors (2021) Inc., 12986647 Canada Ltd. (O/A Allsco Windows & Doors), 12986591 Canada Ltd. (O/A Alweather Windows & Doors), Polar Holding Ltd., 10064720 Manitoba Ltd., and 12986914 Canada Ltd. (collectively the “Applicants") filed an application in the Court of King's Bench in Manitoba (the “Court") and commenced Court supervised restructuring proceedings under the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the “CCAA").
On the same day, the Court granted an order (the “Initial Order"), which, among other things, provided for a stay of proceedings (the “Stay Period") which prohibited all parties from commencing or continuing any legal action against the Applicants, and all rights and remedies of any party against or in respect of the Applicants or their assets were stayed and suspended except with the written consent of the Applicants and the Monitor, or leave of the Court.
As a term of the Initial Order, Deloitte Restructuring Inc. was appointed as Monitor in the CCAA proceedings to oversee the operations of the Applicants during the restructuring.
On December 22, 2023, the Court granted an Order substituting BDO Canada Limited (the “Monitor”) in place of Deloitte Restructuring Inc.
On January 26, 2024, the Court extended the Stay Period to February 26, 2024, after which time the stay of proceedings against the Applicants will automatically be lifted. The Court extended the Stay Period to April 30, 2024 in respect of the Monitor and the funds the Monitor is holding in trust.
On January 26, 2024, the Court also approved the Directors’ and Officers’ Claims Process (the “D&O Claims Process”). The D&O Claims Process calls for any Claimants who believe that they have a claim against the Applicants’ Past and Present Directors and Officers, which claim arose subsequent to February 10, 2023, to file a proof of claim with the Monitor asserting such claim prior to the March 1, 2024 Claims Bar Date.
The D&O Claims Package Notice can be found below and includes the following:
• D&O Claims Process Order
• Instruction Letter
• Proof of Claim
• Dispute Notice
Note: The D&O Claims Process only applies to claims against the Applicants’ Past and Present Directors and Officers arising after February 10, 2023. At this time, there is no process in place for creditors to submit a proof of claim for amounts that were owing by the Applicants prior to February 10, 2023. Further information will be posted if, and when, such a claims process is determined to be necessary.
If you would like to receive notice of all further proceedings in relation to this matter, please forward a written request to:
BDO Canada Limited
c/o McDougall Gauley LLP
500 – 616 Main Street
Saskatoon, Saskatchewan S7H 0J6
Attention: Ian Sutherland / Craig Frith
Telephone: 306-653-1212
Fax: 306-652-1323
Email: [email protected] / [email protected]
If you fail to forward a written request to the above referenced persons indicating that you request further notice of the proceedings you will not receive, nor will you be entitled to receive, any further notice of the proceedings.
PLEASE NOTE: IT IS NOT NECESSARY TO COMPLETE A DEMAND FOR NOTICE FORM IN ORDER TO BE ELIGIBLE FOR ANY FUTURE CLAIMS PROCESS IN THE CCAA PROCEEDINGS. THE DEMAND FOR NOTICE FORM IS ONLY NECESSARY TO COMPLETE TO RECEIVE COPIES OF DOCUMENTS FILED IN THE COURT PROCEEDINGS VIA EMAIL OR FACSIMILE. SUCH DOCUMENTS WILL ALSO BE POSTED TO THIS WEBSITE AS WILL ALL FUTURE COMMUNICATIONS TO THE CREDITORS.
Please proceed to the “Publicly Available Documents” page of this website for a copy of the Receivership Order. Copies of future orders, reports, and other pertinent public information will be posted as they become available.
This website has been established for the purposes of compliance with the Court’s E-Service Protocol. Should you have questions or are uncertain as to your rights and obligations in this proceeding, you should consult with your legal counsel or other professional advisor.
Publicly Available Documents
- Court Orders
Initial Order - February 10, 2023
Amended and Restated Initial Order - February 14, 2023
SISP Approval and Extension Order - April 5, 2023
Stay Extension, Interim Distribution and Other Relief Order - July 21, 2023
Approval and Vesting Order - July 21, 2023
Amendment to the Sale Agreement and Other Relief Order - September 12, 2023
Stay Extension and Other Relief - October 27, 2023
Enhancement of the Monitor's Powers - October 27, 2023
Stay Extension, Sealing, and Other Relief - December 5, 2023
Monitor's Certificate - December 7, 2023
Substitution Order - December 22, 2023
Directors' and Officers' Claims Process Order - January 26, 2024
Stay Extension and Other Relief Order - January 26, 2024
Set Off Order (HMK) - January 26, 2024
Amendment to the Order (Stay Extension and Other Relief dated January 26, 2024) - February 16, 2024 - Motion Materials
Notice of Application - February 6
Notice of Motion - February 6, 2023
Affidavit of Stephen Segal - February 6, 2023
Affidavit of Lila Alnadi - February 9, 2023
Application Brief - February 9, 2023
Notice of Motion - April 3, 2023
Affidavit of Stephen Segal - April 3, 2023
Notice of Motion - July 17, 2023
Notice of Motion - September 8, 2023
Notice of Motion - October 23, 2023
Amended Notice of Motion - October 25, 2023
Notice of Motion - December 1, 2023
Notice of Motion - January 23, 2024
Notice of Motion - April 22, 2024 - Monitor’s Reports
Pre-Filing Report of the Proposed Monitor - February 7, 2023
First Report of the Monitor - April 3, 2023
Second Report of the Monitor - July 20, 2023
Third Report of the Monitor -September 8, 2023
Fourth Report of the Monitor - October 24, 2023
Supplement to the Monitor's Fourth Report - October 26, 2023
Fifth Report of the Monitor - December 3, 2023
Sixth Report of the Monitor - January 23, 2024
Seventh Report of the Monitor - April 22, 2024 - Notices and Other Documents
Creditor List - Polar Window of Canada Ltd.
Creditor List - Accurate Dorwin (2020) Inc.
Creditor List - Glass 8 Inc.
Creditor List - National Interiors (2021) Inc.
Creditor List - 12986647 Canada Ltd. (o/a Allsco Windows & Doors)
Creditor List - 12986591 Canada Ltd. (o/a Alweather Windows & Doors)
Notice to Creditors - February 14, 2023
Demand for Notice - Service Lists
Service List - February 8, 2023
Service List - February 13, 2023
Service List - February 13, 2023 (Updated)
Service List - February 15, 2023
Service List - February 16, 2023
Service List - February 21, 2023
Service List - February 23, 2023
Service List - February 28, 2023
Service List - March 6, 2023
Service List - March 13, 2023
Service List - March 18, 2023
Service List - March 23, 2023
Service List - April 3, 2023
Service List - April 20, 2023
Service List - June 6, 2023
Service List - June 13, 2023
Service List - July 6, 2023
Service List - July 18, 2023
Service List - July 19, 2023
Service List - July 20, 2023
Service List - July 26, 2023
Service List - August 13, 2023
Service List - August 15, 2023
Service List - September 1, 2023
Service List - September 5, 2023
Service List - September 7, 2023
Service List - September 11, 2023
Service List - September 20, 2023
Service List - September 22, 2023
Service List - October 2, 2023
Service List - October 23, 2023
Service List - October 26, 2023
Service List - October 27, 2023
Service List - November 5, 2023
Service List - November 8, 2023
Service List - December 12, 2023
Service List - January 24, 2024
Service List - January 31, 2024
Service List - February 12, 2024
Service List - March 22, 2024 - Other Documents
Frequently Asked Questions
Sales and Investment Solicitation Procedures
Notice of Claim to the Funds (Schedule 2 to the April 5, 2023 Order - Directors' and Officers' Claims Process
D&O Claims Process Order
Instruction Letter
Proof of Claim
Dispute Notice
Contact Us
If you have any questions regarding this matter, please contact:
BDO Canada Limited
201 Portage Avenue, 26th Floor
Winnipeg, MB R3B 3K6
Attention: John R. Fritz, LIT
Telephone: 204-282-9716
Fax: 833-888-1678
Email: [email protected]