Take notice that on March 8, 2019, JTI-Macdonald Corp. (the "Applicant" or "JTIM") sought and obtained an order of the Ontario Superior Court of Justice (Commercial List) (the "Court") pursuant to the Companies' Creditors Arrangement Act (the "CCAA") which, amongst other things, granted a stay of proceedings in favour of the Applicant.
Deloitte Restructuring Inc. was appointed as monitor in the Applicant's CCAA proceedings (the "Monitor") pursuant to the Initial Order of the Court dated March 8, 2019 (the "Initial Order").
The Initial Order provides, among other things, for a stay of proceedings. The stay has been extended by the Court from time to time and, by Stay Extension Order issued on October 31, 2024, the stay was further extended to January 31, 2025. This Order and accompanying endorsement are posted below.
PLEASE TAKE NOTE that on October 17, 2024, the Court-Appointed Mediator and the Monitor filed a CCAA Plan in respect of the Applicant.
PLEASE ALSO TAKE NOTE that on October 31, 2024, the CCAA Court issued (i) a Claims Procedure Order, which sets out the process pursuant to which Claimants and Putative Miscellaneous Claimants, if any, may attend the Meeting and vote on the CCAA Plan; and (ii) a Meeting Order that, amongst other things, accepts the filing of the CCAA Plan and establishes the date and time of the Meeting of Affected Creditors to vote on such CCAA Plan. The CCAA Plan and Meeting Materials are available under 2G) below.
JTIM's Meeting of Affected Creditors was held on December 12, 2024 and the Affected Creditors voted in favour of the Plan and the JTIM Plan was approved by a majority in number and at least two-thirds in value.
PLEASE ALSO TAKE NOTE that on December 23, 2024, the Court-Appointed Mediator and the Monitors obtained orders (the “Sanction Protocol Orders") which, inter alia, set the dates for a court hearing to approve and sanction the CCAA Plans (the “Sanction Hearing"). The Sanction Hearing will be heard commencing on January 29, 2025 at 10:00 am Eastern time in a hybrid format, in person and via Zoom video conference. The Sanction Protocol Order is available under 1) below.
At the Sanction Hearing, orders of the Court (the “Sanction Orders") approving and sanctioning the CCAA Plans and granting certain ancillary relief will be sought.
If a Putative Miscellaneous Claimant intends to object to any Sanction Order, such Person must (i) deliver to the applicable Monitor a Sanction Hearing Objection Notice in the form approved and it must be received by the applicable Monitor by no later than January 15, 2025 at 5:00 pm (Eastern time); and (ii) file with the Court and serve upon the Common Service List the court materials it intends to rely on by no later than January 20, 2025 at 5:00 p.m. (Eastern time). The Sanction Hearing Objection Notice is available under 2H) below.
Any Person, other than a Putative Miscellaneous Claimant who intends to object to any Sanction Order must file with the Court and serve upon the Common Service List the court materials it intends to rely on by no later than January 20, 2025 at 5:00 p.m. (Eastern time).
If you have any questions regarding this matter, please contact Deloitte Restructuring Inc. at the following address:
Deloitte Restructuring Inc. Attention: In its capacity as Court Appointed Monitor of JTI-Macdonald Corp. Bay Adelaide East 8 Adelaide Street West, Suite 200 Toronto, ON M5H 0A9
Email: jtim@deloitte.ca
Phone: 1-833-765-1452
Inquiries regarding Pan-Canadian Claimants Compensation Plan are directed to:
Tobacco Claims Agent
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
Toll-Free (in Canada): 1-888- 482-5852
Email: info@TobaccoClaimsCanada.ca
www.TobaccoClaimsCanada.ca
Inquiries regarding the Quebec Class Action Administration Plan are directed to:
Recours tabac
c/o Proactio team
By phone: 438-858-8341, 438-384-7230 or, toll free, 1-888-880-1844
Email: tabac@proactio.ca
https://recourstabac.com/en/
Last updated Jan 14, 2025