This site uses cookies to provide you with a more responsive and personalised service. By using this site you agree to our use of cookies. Please read our cookie notice for more information on the cookies we use and how to delete or block them.

Bookmark Email Print this page

Smurfit-Stone Container Canada Inc.

Version française

Updated February 6, 2013

January 12, 2012 - Upon the filing of the Discharge Certificate with the Court on January 12, 2012, Deloitte was discharged in its capacity as Monitor from any further obligations pursuant to the Orders made in this CCAA proceeding.

January 26, 2009 - On January 26, 2009 the Ontario Superior Court of Justice (Commercial List) made an order under the Companies’ Creditors Arrangement Act R.S.C. 1985, c. C-36, as amended (“CCAA”), in respect of Smurfit-Stone Container Canada Inc. (“SSC Canada”), its affiliates (Stone Container Finance Company of Canada II, 3083527 Nova Scotia Company, MBI Limited, 639647 British Columbia Ltd., B.C. Shipper Supplies Ltd., Specialty Containers Inc., Francobec Company and 605681 N.B. Inc.) and certain affiliated partnerships of SSC Canada (collectively, the “CCAA Entities”) and Deloitte & Touche Inc. was appointed as the Monitor of the CCAA Entities (the “Monitor”).

March 19, 2010 - The Monitor has filed its Thirteenth Report dated March 19, 2010 (the “Thirteenth Report”). The Thirteenth Report provides the Monitor’s analysis regarding the Joint Plan of Reorganization (the “Plan”) of the CCAA Entities, as well as the Monitor’s recommendation to creditors in respect of the Plan. A copy of the Thirteenth Report is available here.

Click here for information regarding the scheduling of the Sanction Hearing.

June 30, 2010 - The Joint Plan of Reorganization for Smurfit-Stone Container Corporation and its Debtor Subsidiaries and Plan of Compromise and Arrangement for Smurfit-Stone Container Canada Inc. and Affiliated Canadian Debtors was sanctioned by the Ontario Superior Court of Justice on May 13, 2010 and confirmed by the United States Bankruptcy Court for the District of Delaware on June 21, 2010. The Effective Date of the Plan was June 30, 2010. Accordingly, on June 30, 2010, Smurfit-Stone Container Canada Inc. et al, emerged from protection under the Companies’ Creditors Arrangement Act in Canada and Chapter 11 of the United States Bankruptcy Code in the United States. In accordance with the Plan, substantially all of the assets of the Canadian debtors were transferred to Smurfit-Stone Container Canada, L.P.

Distributions have been made to the holders of General Unsecured Claims against Smurfit-MBI and B.C. Shipper Supplies Ltd.  The Monitor and the Company are continuing to review and reconcile claims against Smurfit-Stone Container Canada Inc. and initial distributions are expected to be made to the holders of General Unsecured Claims against Smurfit-Stone Container Canada Inc.  in the near term. Payments of Administrative Expense Claims, Other Secured Claims and certain other types of claims have been paid through the Chapter 11 process by the Company or its agents.

The following companies have been dissolved: Specialty Containers, 639647 B.C., B.C. Shippers, Smurfit-MBI, 3083537 N.S., Francobec, MBI Limited, and Smurfit-Stone Container Canada.

COURT DOCUMENTS

Service List

Initial Application - January 26, 2009

Initial Order - January 26, 2009
Initial Application - January 26, 2009 (Vol I Part 1 - Jones Affidavit)
Initial Application - January 26, 2009 (Vol I Part 2 - Ex A of Jones Affidavit, pages 1-100)
Initial Application - January 26, 2009 (Vol I Part 2 - Ex A of Jones Affidavit, pages 101-193)
Initial Application - January 26, 2009 (Vol II Part 1 - Ex F-G of Jones Affidavit)
Initial Application - January 26, 2009 (Vol II Part 2 - Ex H of Jones Affidavit, pages 1 to 100)
Initial Application - January 26, 2009 (Vol II Part 2 - Ex H of Jones Affidavit, pages 101 to 177)
Initial Application - January 26, 2009 (Vol II Part 3 - Ex I of Jones Affidavit, draft Order)
Supplemental Application Record - January 26, 2009
Endorsement of Justice Pepall

Motion Record - January 28, 2009

Amended and Restated Initial Order - January 28, 2009
Motion Record - January 28, 2009 (1 of 8)
Motion Record - January 28, 2009 (2 of 8)
Motion Record - January 28, 2009 (3 of 8)
Motion Record - January 28, 2009 (4 of 8)
Motion Record - January 28, 2009 (5 of 8)
Motion Record - January 28, 2009 (6 of 8)
Motion Record - January 28, 2009 (7 of 8)
Motion Record - January 28, 2009 (8 of 8)
Endorsement of Justice Pepall - January 29, 2009

Motion Record - February 24, 2009

Motion Record - February 24, 2009
Stay Extension Order and Endorsement - February 24, 2009
Motion Record of the Applicants - February 24, 2009
Motion Record - February 24, 2009 (Tab B part 2)
Motion Record - February 24, 2009 (Tab B Part 3)

Motion Record – March 12, 2009

Motion Record – March 12, 2009
Cross Border Order and Endorsement

Motion record – April 28, 2009

Motion record – April 28, 2009
Stay Extension Order and Endorsement

Motion record - June 25, 2009

Motion record - June 25, 2009
Endorsement of Justice Pepall
Claims Procedure Order
Stay Extension Order June 25, 2009

Motion record - August 17, 2009

Motion record - August 17, 2009 (Volumes 1 and 2)
Motion record - August 17, 2009 (Tab 1)
Motion record - August 17, 2009 (Tab 2)
Motion record - August 17, 2009 (Tab 3)
Motion record - August 17, 2009 (Tab 4)
Motion record - August 17, 2009 (Exhibit A)
Motion record - August 17, 2009 (Exhibit B)
Motion record - August 17, 2009 (Exhibit C Part 1)
Motion record - August 17, 2009 (Exhibit C Part 2)
Motion record - August 17, 2009 (Exhibit C Part 3)
Motion record - August 17, 2009 (Exhibit D)
Motion record - August 17, 2009 (Exhibit E)
Motion record - August 17, 2009 (Exhibit F)
Motion record - August 17, 2009 (Exhibit G)
Supplementary Motion Record - August 17, 2009
August 17 Order
August 17 Endorsement

Motion record - September 25, 2009

Motion record - September 25, 2009
Stay Extension Order - September 25, 2009
Endorsement - September 25, 2009

Motion Record - October 7, 2009

Motion Record Returnable September 21, 2009.
Endorsement
Motion Record - October 7, 2009 (1 of 5)
Motion Record - October 7, 2009 (2 of 5)
Motion Record - October 7, 2009 (3 of 5)
Motion Record - October 7, 2009 (4 of 5)
Motion Record - October 7, 2009 (5 of 5)
Reply Motion Record - October 7, 2009
Factum of Manufacturers and Traders Trust Company
Book of Authorities of Manufacturers and Traders Trust Company
Notice of Appearance
Factum of Moving Parties Motion
Supplementary Reply Motion
Brief of Authorities (Part 1 of 4)
Brief of Authorities (Part 2 of 4)
Brief of Authorities (Part 3 of 4)
Brief of Authorities (Part 4 of 4)
Endorsement of Justice Pepall- October 20, 2009
Endorsement of Justice Pepall - November 23, 2009
Notice of Motion Leave to Appeal

Motion Record - October 9, 2009

Motion Record - October 9, 2009
Supplementary Motion Record - October 9, 2009
Endorsement
Applicant's Responding Motion (Part 1 of 3)
Applicant's Responding Motion (Part 2 of 3)
Applicant's Responding Motion (Part 3 of 3)
Factum of Communications, Energy and Paperworks Union of Canada 
Book of Authorities of Communications, Energy and Paperworks Union of Canada
Supplementary Motion Record of Communications, Energy and Paperworks Union of Canada
Factum of the Applicants
Book of Authorities of the Applicants

Motion Record - November 6, 2009

Motion Record - November 6, 2009
Claims Determination Order - November 6, 2009
Endorsement of Justice Pepall - November 6, 2009
Changes to Determination Order - November 6, 2009

Motion Record - December 1, 2009

Notice of Motion Returnable December 1, 2009
Motion Record - December 1, 2009 (1 of 2)
Motion Record - December 1, 2009 (2 of 2)
Approval and Vesting Order - Whitby - December 1, 2009
Approval and Vesting Order - Edmonton - December 1, 2009 
Endorsement of Justice Pepall - December 1, 2009

Motion Record - December 11, 2009

Motion Record - Part 1 - December 11, 2009
Motion Record - Part 2 - December 11, 2009
Motion Record - Part 3 - December 11, 2009
Motion Record Returnable December 11, 2009
Factum of the Applicants
Factum of the Responding Parties returnable December 11, 2009
Factum responding to Motion for Extension of the Stay
Transcript Brief - Cross Examination of Melissa Paz
Responding Motion Record
Brief of Authorities responding to Motion for an Extension
Brief of Authorities of the Responding Party
Factum of the Official Committee of Unsecured Creditors
Adjournment Order
Justice Pepall reasons for decision heard December 11, 2009 
Characterization Motion Order
Extension Order

Motion Record - January 11, 2010

Motion Record - Part 1 - January 11, 2010
Motion Record - Part 2 - January 11, 2010
Motion Record - Part 3 - January 11, 2010
Motion Record - Part 4 - January 11, 2010

Motion Record - February 10, 2010

Notice of Motion Returnable February 10, 2010
Motion Record Cover, Index & Back page
Affidavit of Dean Jones sworn on February 5, 2010
Affidavit of Dean Jones (Exhibit A)
Affidavit of Dean Jones (Exhibit B)
Affidavit of Dean Jones (Exhibit C)
Affidavit of Dean Jones (Exhibit D)
Plan Filing and Meeting Order
Plan Filing and Meeting Order (Appendix A)
Plan Filing and Meeting Order (Appendix B)
Plan Filing and Meeting Order (Appendix C)
Plan Filing and Meeting Order (Appendix D)
Plan Filing and Meeting Order (Appendix E)
Plan Filing and Meeting Order
Endorsement of Justice Pepall - February 10, 2010

Motion Record - February 25, 2010

Motion Record Returnable February 25, 2010
Stay Extension Order - February 25, 2010

Motion Record - March 30, 2010

Motion Record of the Applicants - Returnable March 30, 2010
Approval and Vesting Order - March 30, 2010
Endorsement of Justice Pepall - March 30, 2010

Motion Record - May 3, 2010

Notice of Motion for Sanction Order
Notice of Objection of Aurelius Capital Management, LP and Columbus Hill Capital Management, L.P.
Notice of Objection of Indenture Trustee
Factum of the Applicants returnable May 3, 2010
Factum of Aurelius Capital Management, LP and Columbus Hill Capital, L.P.
Brief of Authorities of Aurelius Capital Management, LP and Columbus Hill Capital, L.P.
Factum and Brief of Authorities of Manufacturers and Traders Trust Company, in its capacity as Inden
Sanction Order revised April 30, 2010
Stay Extension Order
Sanction Order dated May 13, 2010
Sanction Order dated May 13, 2010 (2)
Vesting Order - Ontario - May 27, 2010
Vesting Order - Assets acquired outside of Ontario and Quebec - May 27, 2010
Vesting Order - Quebec - May 27, 2010
Endorsement of Justice Pepall dated May 27, 2010
Endorsement of Justice Pepall dated June 3, 2010

Motion Record - May 27, 2010

Motion for Vesting Orders

Motion Record - June 22, 2010

Motion Record returnable June 22, 2010

Motion Record - December 3, 2010

Motion Record returnable December 3, 2010 (late-filed claims, convenience class and certain distributions)

Application Records for Leave to Appeal to the Supreme Court of Canada

Fund Managers Application for Leave to Appeal to the Supreme Court of Canada (Leave Application #1, Volume I, Part I)
Fund Managers Application for Leave to Appeal to the Supreme Court of Canada (Leave Application #1, Volume I, Part II)
Fund Managers Application for Leave to Appeal to the Supreme Court of Canada (Leave Application #1, Volume II)
Fund Managers Application for Leave to Appeal to the Supreme Court of Canada (Leave Application #2)

Amended Sanction Order November 15, 2010

Amended Sanction Order dated November 15, 2010 
Endorsement of Justice Pepall dated November 15, 2010

Motion Record - December 3, 2010

Court Order dated December 3, 2010
Endorsement of Justice Pepall dated December 3, 2010

Motion Returnable January 24, 2011

Motion Returnable January 24, 2011-Extension of Dissolution Date to February 28, 2011

Motion Record - April 26, 2011

Motion Record dated April 26, 2011
Endorsement of Justice Pepall dated April 26, 2011

Monitor's Certificate - January 11, 2012

Monitor's Certificate - Final Distribution


MONITOR'S REPORTS

Pre-Filing Report - January 26, 2009
First Report of Monitor - February 23, 2009  
Second Report of Monitor - March 6, 2009
Third Report of Monitor - April 26, 2009
Fourth Report of Monitor - June 23, 2009 
Fifth Report of Monitor - August 12, 2009
Sixth Report of Monitor - September 22, 2009
Seventh Report of Monitor - October 2, 2009 
Eighth Report of Monitor - November 4, 2009
Ninth Report of Monitor - November 28, 2009
Tenth Report of Monitor - December 8, 2009
Eleventh Report of Monitor - February 9, 2010
Twelfth Report of Monitor - February 21, 2010
Thirteenth Report of the Monitor - March 19, 2010
Fourteenth Report of the Monitor - March 26, 2010  
Fifteenth Report of the Monitor - April 13, 2010
Sixteenth Report of the Monitor - April 29, 2010  
Seventeenth Report of the Monitor - November 26, 2010

CCAA NOTICES

Creditors Notice - English
Creditors Notice - French 
Notice Regarding Date of Sanction Hearing 

CLAIMS PACKAGE

Joint Instruction Letter
Proof of Claim Instruction Letter
Proof of Claim Form (Canadian)
Proof of Claim Form (U.S.)

CLAIMS SCHEDULES

MBI Limited Limitee (Docket 714)
639647 British Columbia Ltd (Docket 718)
3083527 Nova Scotia Company (Docket 712)
B C Shippers Ltd. (Docket 720)
Francobec Company (Docket 726)
SLP Finance General Partnership (Docket 724)
Smurfit-MBI (Docket 716)
Smurfit-Stone Container Canada Inc. (Docket 708)
Specialty Containers Inc. (Docket 722)
Stone Container Finance Company of Canada II (Docket 709)

JOINT PLAN OF REORGANIZATION

Notice of Meeting of Creditors
Joint Plan Reorganization
Disclosure Statement
Proxy / Ballot and Voting Instructions
Beneficial Proxy / Ballot and Voting Instructions
Master Proxy / Ballot and Voting Instructions
Meeting Order and Endorsement
Thirteenth Report of the Monitor - March 19, 2010

NOTICE OF FILING OF PLAN SUPPLEMENT

Plan Supplement dated March 19, 2010
Exhibit 1 - Amended and Restated By-laws of Reorganized SSCC
Exhibit 2 - Amended and Restated Certificate of Incorporation of Reorganized SSCC
Exhibit 3 - Management Incentive Plans
Exhibit 4 - Directors and Officers and Creditor Representative of Reorganized SSCC
Exhibit 5 - Directors and Officers of Reorganized Debtors other than Reorganized SSCC
Exhibit 6 - Asset Purchase Agreement (Canadian Asset Sale)
Exhibit 7 - Canadian Newco Partnership Agreement
Exhibit 8 - Canadian Holdco Articles of Association
Exhibit 9 - Canadian Holdco Memorandum of Association
Exhibit 10 - List of Previously Assumed Unexpired Leases to be Assigned to Canadian Newco in Connection with Canadian Asset Sale
Exhibit 11 - List of Executory Contracts and Unexpired Leases to be Assumed and Assigned to Canadian Newco in Connection with the Canadian Asset Sale
Exhibit 12 - Employee Benefit Plans
Exhibit 13 - Employment and Retirement Benefit Agreements
Exhibit 14 - Restructuring Transactions
Exhibit 15 - Exit Facility Documentation
Notice of Filing of Technical Supplementation of Certain Plan Supplement Documents - April 13, 2010 

PLAN SUPPLEMENT

Plan Modifications (Part 1 of 2)
Plan Modifications (Part 2 of 2)
Plan Modifications (Part 2 of 2 (2))
Second Technical Amendments
Second Technical Amendments (Clean)
Second Technical Amendments as filed May 26, 2010 with amendments
Second Technical Amendments as filed May 26, 2010 with amendments (Clean)

CREDITORS' MEETING

Minutes of the Meeting of Creditors - April 6, 2010 - Part 1 of 2
Minutes of the Meeting of Creditors - April 6, 2010 - Part 2 of 2

DISSOLUTION

Speciality Containers Inc. - Search
39647 B.C. Annual Report and Certificate of Dissolution - February 28, 2011
B.C. Shipper Annual Report and Certificate of Dissolution - February 28, 2011
MBI Ltd. Certificate of Dissolution - February 28, 2011
Smurfit - MBI - Declaration of Dissolution
3083527 Nova Scotia Company - Certificate of Surrender
Francobec Company - Certificate of Surrender

Also on January 26, 2009, Smurfit-Stone Container Corporation and twenty-four (24) of its subsidiaries (including the CCAA Entities) commenced proceedings under chapter 11 of title 11 of the United States Bankruptcy Code in the United States Bankruptcy Court for the District of Delaware. Further information on the Smurfit-Stone Container Corporation US Bankruptcy Court proceedings can be found at:
http://chapter11.epiqsystems.com/smurfit or can be obtained by calling 1-877-264-9638.

Should you have any questions, please contact us at:

Deloitte & Touche Inc.
CCAA Monitor of Smurfit-Stone Container Canada Inc. et al.
181 Bay Street
Brookfield Place, Suite 1400
Toronto, Ontario  M5J 2V1
Local Number: 416-601-5999
Toll-free number: 1-866-859-6954
Paul Casey or Catherine Hristow

Counsel to the CCAA Monitor:
Goodmans LLP
250 Yonge Street
Suite 2400
Toronto, Ontario  M5B 2M6
Rob Chadwick, 416-597-4285,
Chris Armstrong, 416-849-6013