2023 QCCS 1451, 2023 QCCS 1451
Opinion
Arrangement relatif à FormerXBC inc. (Xebec Adsorption Inc.) 2023 QCCS 1451 SUPERIOR COURT (Commercial Division) CANADA PROVINCE OF QUÉBEC DISTRICT OF MONTRÉAL No.: 500-11-061483-224 DATE: May 5, 2023 ______________________________________________________________________ BEFORE THE HONOURABLE CHRISTIAN IMMER, J.S.C. ______________________________________________________________________ IN THE MATTER OF THE COMPROMISE OR ARRANGEMENT OF: FORMERXBC INC. (formerly XEBEC ADSORPTION INC. ) 11941666 CANADA INC. (formerly XEBEC RNG HOLDINGS INC. ) APPLIED COMPRESSION SYSTEMS LTD. 1224933 ONTARIO INC. (formerly COMPRESSED AIR INTERNATIONAL INC. ) FORMERXBC HOLDING USA INC. (formerly XEBEC HOLDING USA INC. ) ENERPHASE INDUSTRIAL SOLUTIONS, INC.
CDA SYSTEMS, LLC FORMERXBC ADSORPTION USA INC. (formerly XEBEC ADSORPTION USA INC. ) FORMERXBC PENNSYLVANIA COMPANY (formerly THE TITUS COMPANY ) FORMERXBC NOR CORPORATION (formerly NORTEKBELAIR CORPORATION ) FORMERXBC FLOW SERVICES – WISCONSIN INC. (formerly XBC FLOW SERVICES – WISCONSIN INC. ) CALIFORNIA COMPRESSION, LLC FORMERXBC SYSTEMS USA, LLC (formerly XEBEC SYSTEMS USA, LLC ) Debtors / Petitioners And DELOITTE RESTRUCTURING INC. Monitor And MAURICE LECLAIR EVERT SCHURINGA KURT SORSCHAK STÉPHANE ARCHAMBAULT LOUIS DUFOUR WILLIAM BECKETT GUY SAINT-JACQUES DESJARDINS SECURITIES INC. TD SECURITIES INC.
NATIONAL BANK FINANCIAL INC. CANACCORD GENUITY GROUP INC. RAYMOND JAMES LTD. BEACON SECURITIES LIMITED STIFEL NICOLAUS CANADA INC. Impleaded Parties ______________________________________________________________________ ORDER PARTIALLY LIFTING THE STAY OF PROCEEDINGS (CLASS ACTION SETTLEMENT) ______________________________________________________________________
[ 1 ] CONSIDERING the Application for a de bene esse authorization to execute a settlement agreement and for a partial lift of the stay of proceedings (the “ Application ”) pursuant to the Companies’ Creditors Arrangement Act , RSC 1985, c C-36 , as amended (“ CCAA ”) and the exhibits and the affidavit of Mr. Dimitrios Vounassis, filed in support thereof; [ 2 ] CONSIDERING the Ninth Report of the Monitor dated May 3 , 2 023; [ 3 ] CONSIDERING the submissions of counsel, the Court finds: (
a) That this Court has on October 24, 2022 refused to lift the partial lifting of the stay as regards a pending motion to authorize the institution of a class action [1] ; (
b) That since then, negotiations and discussions between all parties to this motion have lead to an agreement in principle as to the settlement of the matter for which authorization is sought; (
c) Although petitioners are not called upon to participate financially to the settlement, it is in their interest and those of all its stakeholders that the matter be settled; (
d) It is therefore appropriate to lift the stay for the purpose that the class action be authorized for settlement purposes strictly and that the Court’s authorization be sought to approve the settlement; [ 4 ] GIVEN the provisions of the CCAA ; THE COURT HEREBY: [ 5 ] GRANTS the Application. [ 6 ] LIFTS the stay of proceedings herein for the sole purpose of authorizing the filing of proceedings before the Superior Court of Québec (Class Action Division), in file no. 500-06-001135-215 ( Maurice Leclair et al. v.
FormerXBC et al. ) seeking approval of a settlement agreement therein. [ 7 ] ORDERS the provisional execution of this Order notwithstanding appeal and without security. [ 8 ] THE WHOLE WITHOUT COSTS. __________________________________ Christian Immer, J.S.C. Mtre Sandra Abitan Mtre Julien Morissette Mtre Jessica Harding Mtre Sophie Courville (OSLER HOSKIN & HARCOURT LLP) COUNSEL TO THE PETITIONERS Hearing date: May 5, 2022
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