This page is for information purposes only and you should consult your professional adviser if you have any questions or are uncertain as to your rights or obligations. On April 26, 2010, Winalta Inc., Winalta Homes Inc., Winalta Carriers Inc., Winalta Oilfield Rentals Inc., Winalta Carlton Homes Inc., Winalta Holdings Inc., Winalta Construction Inc., Baywood Property Management Inc., and 916830 Alberta Inc. (collectively, the "Petitioners") filed a Petition in the Judicial Centre of Edmonton of the Court of the Queen's Bench of Alberta (the "Court"), seeking protection from their creditors under the Companies' Creditors Arrangement Act ("CCAA") to enable the Petitioners to restructure their business and their indebtedness to creditors. An Initial Order was granted by the Court on the same day which prevents any creditor of the Petitioners from taking any proceedings against the Petitioners and permits the Petitioners to remain in control of their assets and to continue to carry on business during the restructuring period.As a term of the Initial Order, Deloitte & Touche Inc. was appointed Monitor in the CCAA proceedings to oversee the operations of the Petitioners during the restructuring.May 20, 2010 - On May 20, 2010 the Court granted an extension of the stay until July 2, 2010.July 2, 2010 - On July 2, 2010 the Court granted an extension of the stay until August 6, 2010.Pursuant to the CCAA Proceedings and an Order of the Court dated June 25, 2010 and entered on July 2, 2010 (the “Claims Procedure Order”), the Court has ordered a procedure for the filing of claims against the Petitioners.In order to participate in the CCAA Proceedings and any distribution as part of any plan of arrangement or compromise presented by the Petitioners, creditors must complete a Proof of Claim form (“Schedule B” of the Claims Procedure Order) and include the necessary documentation (i.e. invoices, contracts, purchase orders, etc.) required to support the claim. The Monitor must receive the Proof of Claim form by no later than 17:00 (Mountain Standard Time) on July 23, 2010 (the “Claims Bar Date”).CLAIMS WHICH ARE NOT RECEIVED BY THE CLAIMS BAR DATE WILL BE BARRED AND EXTINGUISHED FOREVER AND SUCH CREDITORS WILL NOT BE ENTITLED TO PARTICIPATE IN ANY PLAN OF ARRANGEMENT OR COMPROMISE PRESENTED BY THE PETITIONERS.Documents required to file a Proof of Claim form are listed in the Creditors Information section of this website.August 6, 2010 - On August 6, 2010 the Court granted an extension of the stay until August 31, 2010August 31, 2010 - On August 31, 2010 the Court granted an extension of the stay until September 7, 2010September 7, 2010 - On September 7, 2010 the Court granted an extension of the stay until September 24, 2010.September 24, 2010 - On September 24, 2010, the Court granted an extension of the stay to October 31, 2010. The Petitioners also filed their Plan of Arrangement or Compromise (“Plan”) for the creditors of Winalta Inc., Winalta Oilfield Rentals Inc., Baywood Property Management Inc. and Winalta Carriers Inc. (“Affected Creditors”) with the Court. On the same day, an Order calling of a Creditors’ Meeting was granted by the Court. The Meeting of Creditors will take place at 10:00 am on October 14, 2010 at the Hilton Garden Inn in Edmonton, Alberta, for the purposes of considering and approving the Plan (the “Meeting”), with such amendments thereto as may be approved by the Affected Creditors. IF YOU HAVE FILED A PROOF OF CLAIM WITH THE MONITOR YOU ARE ENTITLED TO VOTE ON THE PLAN. YOU MAY VOTE ON THE PLAN BY COMPLETING THE VOTING LETTER BELOW AND FORWARDING IT TO THE MONITOR. ALTERNATIVELY YOU MAY ATTEND THE MEETING IN PERSON AND VOTE OR DESIGNATE A PROXY BY COMPLETING THE PROXY FORM BELOW AND HAVE THE PROXY ATTEND THE MEETING AND VOTE ON YOUR BEHALF. VOTING LETTERS AND PROXIES MAY BE SUBMITTED TO THE MONITOR UP UNITL 5:00 PM EDMONTON TIME ON WEDNESDAY OCTOBER 13, 2010.All documents related to this matter and the Meeting are provided below.October 14, 2010 -At the Creditors’ Meeting for Winalta Inc., Winalta Oilfield Rentals Inc., Baywood Property Management Inc. and Winalta Carriers Inc. (the “Plan Parties”), which was held on October 14, 2010, the Plan Parties presented an amended Plan of Arrangement or Compromise (“Amended Plan”) which retained the terms of the first Plan. The Monitor believes the Amended Plan does not materially prejudice the creditors of the Plan Parties. The payments contemplated to the Affected Creditors of the Plan Parties are unchanged from the Plan. The Affected Creditors voted unanimously to accept the Amended Plan which had been filed by the Plan Parties. A Court Hearing has been scheduled for October 22, 2010 to seek the Court's Sanctioning of the Plan.October 22, 2010 - On October 22, 2010, an Order approving the Amended Plan of the Plan Parties was granted.October 29, 2010 - Pursuant to a Court order dated October 22, 2010 ("Receivership Order"), effective October 29, 2010 Winalta Homes Inc., Winalta Carlton Homes Inc., Winalta holdings Inc., Winalta Construction Inc. and 916830 Alberta Ltd. ("Receivership Companies") were placed into receivership and Deloitte & Touche Inc. was appointed as Receiver and Manager ("Receiver"). A copy of the Receivership Order is attached.
See Court Document section for Claims Procedure Order
Additional information can be obtained from Derek Church at Phone number 780-401-3912, fax number 780-421-3782 or e-mail edmrestructuring@deloitte.ca
Last updated Dec 10, 2020
