http://CFCanada.fticonsulting.com
Home / Accueil
Status Updates / Mises à jour
Court Orders / Ordonnances de la Cour
Reports / Rapports
Motion Materials / Requêtes
Creditor's Meetings / Assemblées de créanciers
Other Documents & Notices / Autres documents et avis
FAQ's / Questions fréquentes
Sales Process / Processus de vente
Service List / Liste des parties intéressées et représentées
Press Releases / Communiqués de presse
Claims Procedure / Procédure de réclamations

Timminco Limited and Bécancour Silicon Inc.

The following motion materials have been filed in the proceedings:

 Motion Record Terminating CCAA Proceedings, returnable December 23, 2015 December 16, 2015
 
 Motion Record Extending Stay Period to June 30, 2015 March 25, 2015
 
 Motion Record Extending Stay Period to March 31, 2015 December 18, 2014
 
 Motion Record of FTI Consulting Canada Inc. returnable September 29, 2014 September 25, 2014
 
 Motion Record of FTI Consulting Canada Inc. returnable September 29, 2014 September 25, 2014
 
 Motion Record of the Monitor, declaring that the unresolved D&O Claim is not secured by the D&O charge and authorizing the monitor to make distributions, returnable June 24, 2014 March 21, 2014
 
 Responding Motion Record of Mercer (returnable April 28 2014) March 21, 2014
 
 Motion for advice and directions re. leave to appeal Quebec pension priority decision returnable at a date to be fixed by the Court at a scheduling hearing on March 6, 2014 March 4, 2014
 
 Factum of the Applicants - Returnable December 16 re 2013 Stay Extension to June 16, 2014, Granting Additional Powers to the Monitor, Fee Approval & Discharge of CRO and Related Relief December 13, 2013
 
 Motion returnable December 16, 2013 for Orders December 5, 2013
Motion returnable December 16, 2013 for Orders:
1. extending the Stay Period until June 16, 2014;
2. authorizing the Chief Restructuring Officer (the "CRO") to execute certain documents in order to enable recovery by Timminco of the proceeds of the sale of the Memphis Property on behalf of Timminco, or on behalf of Timrninco' s subsidiaries, as appropriate;
3. approving the Proposed Cost Allocation Methodology as between the Timminco and BSI estates;
4. approving the fees and disbursement of FTI Consulting Canada Inc., the Court-appointed monitor of the Timrninco Entities and its counsel, incurred in respect of the Timminco Entities' CCAA proceedings;
5. approving the Twenty-First, Twenty-Second and Twenty-Third Reports of the Monitor;
6. discharging Russell Hill Advisory Services Inc. as CRO of the Timminco Entities effective December 16, 2013, and approving the activities of Russell Hill undertaken in its capacity as CRO of the Timminco Entities; and
7. expanding the powers of the Monitor.
 
 Mortion Record - Returnable September 13, 2013 re approval of the Abandonment of the Silica Fumes Property and Stay Extension to December 16, 2013 September 6, 2013
 
 Factum of the Moving Party, St Clair Pennyfeather, moving factum for the motion to lift the stay returnable July 22, 2013 July 7, 2013
 
 Factum of the Timminco Entities in respect of a motion returnable June 19, 2013 (re Approval of the TCL Transaction, Approval of the Stay Extension and Approval of Monitor’s Reports). June 18, 2013
 
 Factum of Her Majesty the Queen in right of Ontario as represented by the Minister of Northern Development and Mines. June 18, 2013
 
 Motion Timetable June 14, 2013
 
 Motion record of the Timminco Entities in respect of a motion returnable June 19, 2013 (re Approval of the TCL Transaction, Approval of the Stay Extension and Approval of Monitor’s Reports). June 13, 2013
 
 Motion of Ministry of Northern Development & Mines returnable June 19, 2013, seeking authority to file late claim. June 12, 2013
 
 Factum of the Timminco Entities in connection with their motion returnable May 14, 2013 (re Transfer of the Tycos Property, Stay Extension, Extension of the CRO Agreement and Approval of CRO Activities re Memphis) May 10, 2013
 
 Notice of Motion returnable May 14, 2013 - re Transfer of the Tycos Property, Stay Extension, Extension of the CRO Agreement and Approval of CRO Activities re Memphis May 7, 2013
 
Motion Record in respect of the settlement agreement in respect of the Beauharnois property

 Part 1
 Part 2
 Part 3
 Part 4
 January 26th, 2013
 
Motion Record in respect of the extension of the Stay to March 15, 2013 and the extension of the contract of the CRO

 Part 1
 Part 2
January 25th, 2013
 
 Factum of the Applicants -Motion Returnable December 4,2012 (Re Stay Extension to January 31,2013) December 3, 2012
 
 Motion Record re Granting of Additional Powers to the CRO,( returnable November 5th, 2012) October 26, 2012
 
 Affidavit of Greg Donaldson, Sworn November 1, 2012 re Working Capital Determination Nov 1 , 2012
 
 Reply Motion Record regarding Working Capital Determination (Returnable Dec 4, 2012) October 26, 2012
 
 New Notices of Presentation October 23, 2012
 
 Motion record of the Timminco Entities, returnable September 27, 2012, re: Stay Extension September 18, 2012
 
 Affidavit of Sean Dunphy, sworn August 31, 2012, re: Interim Distribution August 31, 2012
 
 Factum of the Applicants, returnable August 28, 2012, re: Interim Distribution to IQ August 24, 2012
 


 Motion record of the Timminco Entities, returnable August 28, 2012, re. Distribution of Proceeds to Secured Creditor
 Tabs 1 & 2
 Tab A
 Tab B
 Tab C
 Tab D
 Tab E
 Tab 3
 August 23, 2012
 
 Factum of the Applicants – June 14, 2012 Motion June 13, 2012
 
 Amending Agreement amending the QSI Agreement June 6, 2012
 
 Factum of the Applicants May 30, 2012
 
 Affidavit of J. Thomas Timmins May 28, 2012
 
 Factum of J. Thomas Timmins May 28, 2012
 
 Affidavit of Rabih Assal in Support of Approval of QSI Transaction and Assignment of Assigned Agreements May 28, 2012
 
 Motion Record of the Respondent, QSI Partners LTD. May 28, 2012
 
 Timmins Book Of Authorities May 28, 2012
 
 DOCS #11493212 v1 DCC Brief of Authorities May 25, 2012
 
 DOCS #11493230 v1 DCC Factum May 25, 2012
 
 Brandis Sworn Affidavit May 25, 2012
 
 Notice of Appearance of QSI Partners Ltd. May 25, 2012
 
 Responding Motion Record: (The Record contains the Affidavit of Joe Rinaldi previously served) May 25, 2012
 
 Factum of the Timminco Entities in Support of Approval of QSI Transaction and Assignment of Assigned Agreements May 25, 2012
 
 Factum of the Applicants (Re: Sale of Silicon Metal Assets and Assignment of Agreements) May 24, 2012
 
 Factum of the Purchaser in Support of Approval of QSI Transaction and Assignment of Assigned Agreements May 24, 2012
 
 Supplementary Affidavit of Peter Kalins May 23, 2012
 
 Timminco Supplementary Motion Record returnable May 29, 2012 May 23, 2012
 
 Factum of the Communication, Energy and Paperworkers Union of Canada in response to the Applicants' motion returnable May 18, 2012 May 17, 2012
 
Book of Authorities of the Communication, Energy and Paperworkers Union of Canada in response to the Applicants' motion returnable May 18, 2012

 Book of Authorities - Part 1
 Book of Authorities - Part 2
 May 17, 2012
 
 Motion Record of the Responding Party J. Thomas Timmins (returnable May 18, 2012) May 16, 2012
 
 Responding Party's Motion Record May 16, 2012
 
 Affidavit of Joe Rinaldi May 16, 2012
 
 Affidavit of J. Thomas Timmins May 16, 2012
 
Motion record of the Timminco Entities, returnable May 18, 2012, re. sale approval, assignment order and DIP amendment

 Motion Record - Sale Approval Volume 1
 Motion Record - Sale Approval Volume 2
 May 9, 2012
 
 Timminco cross-motion for Order declaring the J. T. Timmins Agreement to be a pre-filing obligation May 8, 2012
 
 Responding Party's Motion Record (Returnable April 27, 2012) April 27, 2012
 
 Timminco Motion Record, motion returnable April 27, 2012 April 27, 2012
 
 Factum of the Timminco Entities re Stay Extension April 27, 2012
 
 Book of Authorities of the Timminco Entities April 27, 2012
 
 Factum of Pennyfeather April 27, 2012
 
 Factum of the Responding Party, John P. Walsh April 27, 2012
 
 Book of Authorities of the Responding Party, John P. Walsh April 27, 2012
 
 Applicants’ Factum, leave to appeal motion (Court of Appeal) April 17, 2012
 
Applicants’ Motion Record, leave to appeal motion (Court of Appeal)

 Applicants’ Motion Record - Part 1
 Applicants’ Motion Record - Part 2
 April 17, 2012
 
 Motion of QSI with respect to request to extend Phase II Bid Deadline April 11, 2012
 
 Debtor’s motion for the extension of the Phase II Bid Deadline April 9, 2012
 
 Book of Authorities in connection with the motion by St. Clair Pennyfeather to lift the stay returnable March 26, 2012 March 21, 2012
 
 The Responding Factum of John P. Walsh in connection with the motion by St. Clair Pennyfeather to lift the stay returnable March 26, 2012 March 21, 2012
 
 The Timminco Entities’ Responding Motion Record in connection with the motion by St. Clair Pennyfeather to lift the stay returnable March 26, 2012 March 21, 2012
 
Factum and Book of Authorities of St. Clair Pennyfeather with regard to the motion to lift the stay scheduled for March 26, 2012

 Book of Authorities
 Factum of the Plaintiff Pennyfeather
 March 20, 2012
 
 Part 1 of the Motion Record for the motion to lift the stay scheduled for March 26, 2012 March 8, 2012
 
 Part 2 of the Motion Record for the motion to lift the stay scheduled for March 26, 2012 March 8, 2012
 
 The affidavit of Jean Simoneau (English) March 8, 2012
 
 The affidavit of Jean Simoneau (French) March 8, 2012
 
 Factum of the Applicants, returnable March 9, 2012 March 7, 2012
Attached please find the factum of the Applicants in connection with their motion returnable March 9, 2012 for an Order, inter alia: (a) approving the Stalking Horse Agreement, (b) approving the DIP Amendment, (c) approving the Bidding Procedures, (d) approving certain protections granted to the Stalking Horse Bidder, (e) providing that Timminco shall not be required to hold any meeting of its shareholders during the Stay Period, and (f) approving the Third and Fourth Reports / Rapports of the Monitor. We do not intend to provide hard copies of the factum and book of authorities unless otherwise requested.
 
 Book of Authorities of the Applicants, returnable March 9, 2012 March 7, 2012
Attached please find the Book of Authorities in connection with the Applicants motion returnable March 9, 2012 for an Order, inter alia: (a) approving the Stalking Horse Agreement, (b) approving the DIP Amendment, (c) approving the Bidding Procedures, (d) approving certain protections granted to the Stalking Horse Bidder, (e) providing that Timminco shall not be required to hold any meeting of its shareholders during the Stay Period, and (f) approving the Third and Fourth Reports / Rapports of the Monitor. We do not intend to provide hard copies of the factum and book of authorities unless otherwise requested.
 
 Timminco Notice of Appearance March 5, 2012

The Notice of Appearance of Mercer (Canada) Limited in its capacity as administrator of the Haley Pension Plan
 
 Draft Order March 5, 2012
Draft Order in respect of the Authorization and Direction to Enter into the Stalking Horse Agreement, Approval of the Bidding Procedures and DIP Amendment, and Postponement of the Annual Meeting of Shareholders
 
Motion Record of the Applicants

 Motion Record Part 1
 Motion Record Part 2		 March 2, 2012
 
 USW - Notice of Motion for Leave to Appeal February 24, 2012
 
 USW - Notice of Motion for Leave to Appeal February 24, 2012
 
 Notice of Motion to appeal decision of Justice Morawetz February 9, 2012 February 23, 2012
 
 Notice of Motion for leave to appeal the decision of Justice Morawetz February 2, 2012 February 23, 2012
 
The Book of Authorities of the Communications, Energy and Paperworkers Union of Canada

 Timminco BOA
 Timminco Factum
 Timminco Motion Record
 February 3, 2012
 
 Timminco Factum, motion for, inter alia, approval of DIP Facility January 25
 
Timminco Book of Authorities, motion for, inter alia, approval of DIP Facility

 Timminco Book of Authorities, motion for, inter alia, approval of DIP Facility - Part 1
 Timminco Book of Authorities, motion for, inter alia, approval of DIP Facility - Part 2
 January 25, 2011
 
 Companies Motion to Extend Stay and for approval of DIP Financing January 20
 
Respondent's Motion Materials / Requêtes

 Motion Record
 CEP BOA
 Factum
 January 11, 2011

Responding materials filed by the Communications, Energy and Paperworkers Union of Canada
 
 Timminco Factum January 9, 2012

The factum of the Applicants in connection with their motion returnable January 12, 2012 for an Order, inter alia: (a) suspending the Timminco Entities’ obligations to make certain pension contributions with respect to their pension plans, (b) approving the KERPs and a KERP Charge, and (c) granting increased priority to the Administration Charge and the D&O Charge.

 
 Motion Record Part I – Notice of Motion, Affidavit of Peter A.M. Kalins, sworn January 5, 2012, Exhibit A
 Motion Record Part II – Exhibit A (continued), Exhibit B-D, Draft Order

 January 5, 2012
Motion filed by the Timminco Entities for an order (a) suspending the Timminco Entities’ special payment obligations with respect to their Pension Plans, (b) approving the KERPs and a KERP Charge, and (c) granting super-priority to the Administration Charge and the D&O Charge.
 
 Notice of Initial Application January 3, 2012
 
Initial Application

 Application Part 1
 Application Part 2
 Application Part 3
 Application Part 4
 Factum

 January 3, 2012
The attached files include the Applicants initial application for an order under the CCAA, the Index below summarizes the contents of the files. Page numbers within the application can be found in the top right hand corner.
TAB DOCUMENT PAGE#
1 Notice of Application 1 – 7
2 First Affidavit of Peter A.M. Kalins, sworn January 2, 2012 8 - 51
A Exhibit “A” – Corporate chart of the Timminco Entities and their subsidiaries 52 - 53
B Exhibit “B” – Redacted Framework Agreement dated August 10, 2010 54 – 139
C Exhibit “C” – Transfer Agreement dated September 30, 2010 140 – 154
D Exhibit “D” – Limited Partnership Agreement dated October 1, 2010 155 - 221
E Exhibit “E” – Shareholders Agreement dated October 1, 2010 222 – 257
F Exhibit “F” – Redacted Supply Agreement dated October 1, 2010 258 – 278
G Exhibit “G” – Term Loan Agreement datedJuly 10, 2009 (executed copy in French followed by unofficial English translation) 279 – 322
H Exhibit “H” - Copies of the guarantee granted by Timminco and of the hypothec granted by BSI 323 – 338
I Exhibit “I” - Amendments to Term Loan Agreement (executed copies in French followed by unofficial English translations) 339 – 368
J Exhibit “J” –2010 Annual Audited Consolidated Financial Statements and Management Discussion and Analysis 369 – 442
K Exhibit “K” – First Quarter 2011 Interim Consolidated Financial Statements and Management Discussion and Analysis 443 - 537
L Exhibit “L” – Second Quarter 2011 Interim Consolidated Financial Statements and Management Discussion and Analysis 538 – 592
M Exhibit “M” – Third Quarter 2011 Interim Consolidated Financial Statements and Management Discussion and Analysis 593 – 656
N Exhibit “N” – Cashflow Forecast and Management Report on Cash flow 657 – 659
3 Draft Initial Order 660 – 680
4 Blackline to Model Initial Order 681 - 706

 

Contact FTI

FTI Consulting
TD Waterhouse Tower
79 Wellington Street West
Suite 2010, P.O. Box 104
Toronto, Ontario M5K 1G8

Useful Links

FTI Consulting
Office of the Superintendent of Bankruptcy Canada
Wage Earner Protection Program

Liens utiles

FTI Consulting
Bureau du surintendant des faillites du Canada
Programme de protection des salariés