2002 01T 0352 IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR

2002 01T 0352
IN THE SUPREME COURT OF NEWFOUNDLAND AND LABRADOR
IN THE MATTER OF a Court ordered
Receivership of Hickman Equipment (1985) Limited
(“Hickman Equipment”) pursuant to Rule 25 of the
Rules of the Supreme Court, 1986 under the
Judicature Act, R.S.N. 1990, c. J-4, as amended
AND IN THE MATTER OF the Bankruptcy and
Insolvency Act, Chapter B-3 of the Revised
Statutes of Canada, 1985, as amended
ELEVENTH REPORT OF THE RECEIVER
BACKGROUND
By order of this Honourable Court (the “Receivership Order”) granted on the 13th day
of March 2002 and filed with the Court on the 14th day of March 2002 it was ordered
that PricewaterhouseCoopers Inc. (“PWC”) be appointed Receiver of the Assets of
Hickman Equipment (the “Receiver”).
Eleventh Report of Receiver
March 10, 2003
By Order of this Honourable Court dated the 14th day of May 2002 and filed on the
17th day of May, 2002, the Court approved a Realization Plan, Investigation Plan –
Phase I, Claims Plan and Cost Allocation Plan. Copies of the Court approved Plans are
on the Receiver’s web site at www.pwcglobal.com/brs-hel.
This report deals with matters as of February 28, 2003. The Receiver previously filed
reports to the Court for the period from our appointment date to April 30, 2002 and for
each month thereafter.
The Receiver also filed a separate report relating to the tender
sales results and Phase 1 of the Investigation Plan.
IMPLEMENTATION OF COURT APPROVED PLANS
REALIZATION PLAN
Unrealized assets
The Receiver received Court approval for a process to realize on the remaining assets
(excepting assets mentioned below) in a Court application on October 7, 2002.
The
assets which are the subject of the court application are listed on the Receiver’s web
site. As reported in December, most of the miscellaneous items were sold by auction
on December 7, 2002.
2
Eleventh Report of Receiver
March 10, 2003
In February the Receiver completed the sale of the Fabtek 546C forwarder (s/n 546C96-10011) for $200,000 plus HST.
The remaining unrealized equipment consists of a small inventory of office equipment
from Showtech and Celebration Rentals divisions, two steel cargo containers used for
offsite parts storage and the leased trucks subject to security held by GMAC.
Remaining used parts and offsite parts are discussed later in this report.
The Receiver has applied to court for direction (court sub-file number 7:54) concerning
PWC’s interest in 29 pieces of equipment which had been rented to Hickman
Equipment by United Rentals (Canada) Limited. See the Receiver’s website for details
of the application. The application is scheduled to be heard on March 12, 2003 as part
of “Receiver’s Day” in the schedule of Court Proceedings and Orders below.
Sale of trucks
In February the Receiver received $95,380 from Hickman Motors Limited
bringing total proceeds for sale of leased trucks to $293,605 to the end of
February.
3
Eleventh Report of Receiver
March 10, 2003
VEHICLE LEASES SUBJECT TO GMAC SECURED CLAIM
Status To February 28, 2003
YR
MODEL
SERIAL NUMBER
Net Sale
$
Sold to February 28, 2003
1999
GMC Medium
1GDL7H1C7XJ502066
2000
Suburban
3GNFK16TXYG107437
41,500
2001
GMC W5500
J8DE5B14717900082
36,900
2001
GMC W5500
J8DE5B14617900087
35,500
2001
SILVERADO P/U
1GCEK19TO1E277450
31,555
2001
SILVERADO P/U
1GCEK19T21E323537
30,150
2001
CHEV K1500
1GCEK14W71Z209690
22,980
2000
CHEV BLAZER
1GNDT13W7Y2285480
17,500
2000
CHEV VAN
1GCFG15M1Y1169229
13,620
2000
CAVALIER
1G1JC5242Y7302829
6,900
$
57,000
293,605
Remaining Inventory to Sell
1999
SILVERADO P/U
1GCEC14WXXE141298
1999
SILVERADO P/U
1GCEK14W7XE154285
1999
SILVERADO P/U
IGCEC14W0XE150527
2000
SILVERADO P/U
1GCEK14WXYZ188084
2000
SILVERADO P/U
1GCEK14W5YZ245386
2000
SILVERADO P/U
1GCEK14V2YE379061
2000
ISUZU RODEO
4S2DM58W0Y4700167
2001
CAVALIER
3G1JC52481S103145
4
Eleventh Report of Receiver
March 10, 2003
The Receiver made application to Court (sub-file number 7:52) for direction with
respect to the remaining inventory to sell as listed above. See the Receiver’s website
for details of the application. The application is scheduled to be heard on March 12,
2003 as part of “Receiver’s Day” in the schedule of Court Proceedings and Orders
below.
Accounts Receivable
Balance for
Collection or
Abandonment
7%
Writedown / Offset Regular
Accounts
26%
Parts Return OffSet
6%
Collected
43%
Warranty Off-set
18%
At February 28, 2003
Collected
Warranty Off-set
Parts Return Off-Set
Writedown / Off-set Regular Accounts
Balance for Collection or Abandonment
Total AR
($ ‘000s)
$880
$366
$122
$541
$141
$2,050
(%)
43%
18%
6%
26%
7%
5
Eleventh Report of Receiver
March 10, 2003
Collections of accounts receivable for the month of January were $9,504 bringing the
total collected to $879,717, not including sundry accounts. The Receiver estimates a
further $10,000 - $15,000 will be collectible in due course. The remaining accounts
are placed with collection agents or are subject to Statements of Claim initiated by the
Receiver. See Appendix 'A' “Accounts Receivable report” for details of the accounts
placed with the collection agent and detailed schedule of Accounts Receivable
composition.
As evident from the chart, set-offs in the regular accounts are a
significant portion of the uncollected accounts. The Receiver has received legal advice
relating to set-off rights claimed by various customers. In February the Receiver
applied to court (court sub-file number 7:55) for advice and directions involving a
claim for set-off by United Rentals of Canada Inc.
See the Receiver’s website for details of the application. The application is scheduled
to be heard on March 12, 2003 as part of “Receiver’s Day” in the schedule of Court
Proceedings and Orders below.
Corporate Income Tax Refunds
The CCRA audit of Hickman’s tax returns initiated in September was continuing as at
February 28, 2003. The Receiver is compiling information requested by the CCRA. A
summary of the information requested by CCRA is attached as Appendix B.
6
Eleventh Report of Receiver
March 10, 2003
HST Review
The Receiver is reviewing HST matters back to December 2000 for recovery of tax
paid in error and back four years for recovery of HST on bad debts, which may include
invoices issued and payment applied to the account through journal entry instead of
cash or other tangible goods. The Receiver has engaged an HST specialist to provide
expertise on the rebate claims and conduct additional reviews concerning input tax
credits that may have been overlooked by the company. In February 2003 the Receiver
filed a claim for a rebate of HST paid in error for the filing period of January 2001.
This claim is in the amount of $65,030 and brings the total rebate claims filed to
$220,590.
At the time of writing it appears the HST rebates will be realized by the Receiver in
due course, however, caution must be given that significant journal entries in the
accounts in subsequent months require explanation before any payment can be
expected from CCRA.
Parts Inventory:
Non John Deere Parts:
Pursuant to the Consent and Priority Agreement (“the Parts Agreement”), dated
January 16, 2003 between Canadian Imperial Bank of Commerce (“CIBC”) and
John Deere Limited (“JDL”), Ontrac Equipment Services Inc. (“Ontrac”)
accounted to the receiver for sales of Non-Deere parts up to October 31, 2002
totalling $203,368. The Receiver is entitled to 95% or $193,200, all of which
has been collected. Further, by payment from JDL to the receiver, JDL became
the owner of all branch inventory of New Non John Deere Parts and New
7
Eleventh Report of Receiver
March 10, 2003
Timberjack Parts.
Any issues of inventory condition, quantity or other are
matters between JDL and Ontrac. The Receiver is satisfied that Ontrac has
completed its obligations under the Ontrac consignment agreement and the
Receiver will be returning to Ontrac its $125,000 trust deposit, together with
interest earned on the deposit.
The remaining outstanding matter concerning new Non-John Deere parts is the
confirmation of quantity and condition of offsite parts located in various
construction trailers and transfer to JDL by the Receiver. The Receiver has
provided JDL with authorization to enter and assess the inventory in two
Labrador trailers and two cargo trailers located on the island of Newfoundland.
Access to the third and final Labrador trailer is pending.
In accordance with the Parts Agreement, parts stored in the remote trailers are to
be paid for on possession by JDL, no later than June 2003.
The inventory of Used Parts, consisting primarily of used Ingersoll Rand and
used crusher parts, is not subject to the sale to JDL. The Receiver is soliciting
offers from other parties for the sale of the Used Parts or will make other
arrangements for realization.
8
Eleventh Report of Receiver
March 10, 2003
John Deere Parts
Payment was received from John Deere Limited in February in accordance with
the Parts Agreement. Consequently all the receiver’s interest, if any, in the
branch inventory of John Deere Sourced New Parts was sold to JDL for
$750,805.73 plus HST on an “as is where is” basis.
Deferred payment for parts stored in remote trailers is to be paid on possession
by JDL, no later than June 2003.
Offsite Trailer Parts
The inventory of parts in four construction trailers is subject to deferred payment to be
made on possession by JDL no later than June 2003. There are three van style trailers
in Labrador, two located in Goose Bay and one previously on a worksite
approximately 70 km from Paradise River, Labrador. At the Granite Lake Hydro
development project in central Newfoundland there is a quantity of parts in two joined
smaller cargo trailers (referred to in the Parts Agreement as the 1T Parts). The
inventory consists, or may consist, of John Deere sourced, Timberjack sourced or Non
9
Eleventh Report of Receiver
March 10, 2003
John Deere sourced parts. Future reports to Court will refer to the “Offsite Trailer
Parts” as opposed to the distinction by parts origin as carried in this and previous
reports.
Used Parts
The Receiver retains possession of an inventory of used Ingersoll Rand parts, used
crusher parts, diesel generators and a small quantity of used John Deere parts, the latter
apparently salvaged from repair
work on customer and rental machines.
inventory is located in Mount Pearl and Grand Falls.
The
Evaluations and
recommendations from firms and individuals knowledgeable in the industry indicate a
wide range of values and alternative realization options. The Receiver will follow up
with those parties and initiate the sales process in as timely a manner as possible.
CLAIMS PLAN AND FINAL DETERMINATIONS
On May 14, 2002 the Court approved the Claims Plan.
Final Determinations of the validity of secured claims against assets were sent by
registered mail and posted on the Receiver’s web site for all but two secured claims by
the end of December. The Receiver’s Final Determinations (draft) were issued on
January 17, 2003 for the related companies, being Group Holdings Limited, Hickman
10
Eleventh Report of Receiver
March 10, 2003
Holdings Limited and Hickman Leasing Limited. The Receiver has been advised by
counsel for Hickman Motors Limited that Hickman Leasing Limited and Hickman
Motors Limited amalgamated as Hickman Motors Limited on January 1, 2003.
On February 4 2003 the Trustee’s Application for approval of Final Determinations
(court sub-file 7:23) was heard with the Order related thereto filed on February 6,
2003. Justice Hall ordered that the following Final Determinations are accepted and
affirmed:
a. CIT Financial Limited
b. Cedarapids Inc.
c. Daimler Chrysler Financial Services / Daimler Chrysler Capital
Services / Mercedes – Benz of Canada Inc.
d. Ingersoll-Rand Canada Inc.,
e. MTC Leasing Inc.,
f. National Leasing Group Inc.
g. Orix Credit Alliance of Canada
h. Royal Bank of Canada
i. TD Asset Finance Corp
j. Tramac Equipment Limited
k. John Deere Limited.
l. John Deere Credit Inc.
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Eleventh Report of Receiver
March 10, 2003
Justice Hall also ordered that there be hearings with respect to the following
6 contested Final Determinations:
a. Canadian Imperial Bank of Commerce
b. General Motors Acceptance Corporation of Canada and GMAC Leasco
c. ABN-AMRO Leasing / ABN AMRO Bank Canada
d. Bombardier Capital Leasing Ltd.
e. Culease Financial Services
f. Contract Funding Group Inc.
WEB SITE
Pursuant to a decision rendered on December 30, 2002, the Court indicated that
the Receiver’s web site may be used for service of matters before the Court.
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Eleventh Report of Receiver
March 10, 2003
Postings to the web site during February due to the huge volume. Postings are
now up to date.
COST ALLOCATION PLAN
To date the Court has authorized a holdback of 15% from distributions to
creditors for the cost allocation plan. The Receiver has taken such holdback and
includes a separate schedule of distributions and holdbacks in Appendix C with
this report. The Receiver continues to believe that the 15% deduction from
distributions is appropriate.
NEXT STEPS AND OTHER ISSUES
In previous reports the Receiver reported requests were made to Deloitte &
Touche LLP, Hickman Equipment’s auditors, for information including the audit
working paper files from 1997 to date. The Receiver advises that on Febraury
27, 2003 this matter and several other “next step” issues progressed to formal
applications to court as detailed below:
1. Sub-file number 7:52: Requesting:
i. Direction from the Court with respect to Phase 2
of the Investigation process
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Eleventh Report of Receiver
March 10, 2003
ii. An Order requiring production of Bank records
from the Canadian Imperial Bank of Commerce.
iii. Direction from the Court with respect to the sale
of certain units of the Hickman Equipment
Inventory.
2. Sub-file number 7:53: Application for approval of the fees of
the Receiver and the Receiver’s counsel. See the Receiver’s
website for a copy of the application.
3. Sub–file number 7:54: Directions concerning PWC’s interest
in 29 pieces of Equipment which had been rented to it by
United Rentals (Canada) Limited.
4. Sub–file number 7:55: Application for advice and directions
involving a claim for set-off by United Rentals of Canada, Inc.
5.
Sub-file number 7:56: Application for an order directing
Deloitte & Touche LLP to provide documents to PWC and for
direction concerning such documents.
14
Eleventh Report of Receiver
March 10, 2003
The Receiver has considered additional areas of recovery for the benefit of creditors,
including a refund of capital tax paid by the company, a claim for recovery of
performance bonuses paid to managers based on incorrect profit calculations and
possibly claims against the auditor and/or the fidelity bond. To support most of those
claims, a review of the accounting records is required, primarily to adjust inventory
and accounts receivable values, for purpose of determining whether the audited
financial statements should be restated for the year 2000 and prior years. Given the
large writedown of inventory in 2001 and questionable sales and trades recorded for
untraceable companies, it is expected some part of this overvaluation of assets related
to stock at the end of 2000.
Restatement of the financial statements has the potential of creating at least three types
of recoveries for the estate:
•
Capital tax refund of up to approximately $90,000;
•
Repayment of unearned bonuses and/or commissions in an amount of up to
several millions of dollars; and
•
Identifying areas of possible auditor liability.
15
Eleventh Report of Receiver
March 10, 2003
The Receiver is consulting with its counsel and has addressed these matters in
applications to the Court for direction. (See court sub-file numbers 7:52 and 7:56)
The applications are scheduled to be heard on March 12, 2003 as part of “Receiver’s
Day” in the schedule of Court Proceedings and Orders below.
COURT PROCEEDINGS AND ORDERS
According to the Receiver’s records, the following court proceeding from December
remains outstanding:
1.
On December 13, 2002, Carolyn Hynes-Peddle made
application to the Court to lift the BIA stay of proceedings in
connection with its claim against Hickman Equipment’s
liability insurance. Justice Hall granted the application. The
Order is pending.
The following court proceedings were in process or took place in
February:
1.
Justice Hall’s Order of January 7, 2003 (more particularly described
in the Tenth Report of the Receiver) set a number of dates for
hearings in 2003. In addition, Justice Hall set February 7, 2003 as the
date for filing any objection and supporting materials to any
application for return of assets or payment out of any proceeds from
sold assets in the possession of the Receiver. As a result, there have
16
Eleventh Report of Receiver
March 10, 2003
been a large number of filings from Creditors, as indicated in the
Index attached hereto as Appendix “D”.
2.
On February 3, 2003 the Receiver’s Application for the sale of the
remaining parts inventory of Hickman Equipment (court sub-file
7:28) was heard.
The Order authorizing the sale was filed on
February 4, 2003.
3.
The Application of John Deere Limited with respect to the sale of the
parts inventory and the proceeds therefrom (court sub-file 7:48) was
heard on February 3, 2003. Justice Hall’s Order (no. 8:22) has also
been filed.
4.
The Application of CIBC for the determination of priority with
respect to the parts inventory (court sub-file 7:50) was heard on
February 3, 2003. Justice Hall’s Order (no. 8:21) has also been filed.
5.
The Order with respect to the Application of the Receiver of October
7, 2002 for court approval of the proposed method for the final
disposition of certain remaining assets of Hickman Equipment (court
sub-file 7:19) was filed on February 20, 2003.
6.
The Trustee’s Application for approval of Final Determinations (court
sub-file 7:23) was heard on February 4, 2003 and the Order related
thereto was filed on February 6, 2003.
See section “Final
Determinations” in this report for a list.
17
Eleventh Report of Receiver
March 10, 2003
7.
The Case Management hearing took place on February 13, 2003. At
this time, Judge Hall set a number of dates for the hearing of the
applications that had been filed in accordance with the February 7
deadline (as referenced above). These are:
- CIBC (7:49) Application for payment of various items
- non-contentious portions
March 3
- contentious portions
June 25 (return date)
- Caterpillar
March 5
(see para. 10 herein) (7:29)
- Receiver’s Day
March 12
(see para. 11 herein)
- GMAC Application for proceeds
March 19, 20, 21
(Security Agreement Leasing) (7:34)
- Wells-Fargo Continuation of Application (7:05)
April 16
- CIT Application for payment of proceeds (7:32)
May 14
(Five Terex trucks ) (7:33a)
- GMAC application re: proceeds from
June 26, 27
3 Silverados (7:35)
- Chrysler Objection to claim of Culease and claim
May 27, 28
to Proceeds (7:40)
- MTC Leasing Application for Proceeds (7:45)
June 4
- National Leasing Application for Proceeds (7:44)
June 9
- CEFL Application for Proceeds (7:46)
June 11 – 13
- TD Asset Application for determination of
June 16, 17
priority and entitlement to proceeds (7:47)
- Contract Funding Group Application for
June 18, 19
Proceeds (7:42)
18
Eleventh Report of Receiver
March 10, 2003
- Cedarapids Application for declaration of
June 25
entitlement to listed equipment & opposition to
claim of CIBC (7:51)
- GMAC Application for proceeds of sale of GMC
June 30
truck (7:33)
8.
On January 23 and 24, Justice Hall heard the Application of GMAC for
payment to GMAC of the proceeds from the sale by the Receiver of 4 Terex
Trucks (court sub-file 7:21).
Justice Hall’s decision, denying the
application, was filed on February 20, 2003.
9.
The Application of CIBC Equipment Finance Limited (“CEFL”) with
respect to the lifting of the stay of proceedings to permit the registration of
a changed notice pursuant to s. 52 of the PPSA was heard on February 6,
2003. Justice Hall filed his Decision on February 21, 2003. Justice Hall
allowed CEFL’s registration to stand nunc pro tunc and ordered that the
Trustee’s Final Determination be revised accordingly.
10.
The Application of Caterpillar Financial Services Limited (i) appealing the
final determination of the Trustee and (ii) seeking an Order lifting the stay
of proceedings so as to permit it to issue a financing change statement in the
PPR (court sub-file no. 7:29) originally scheduled to be heard on February
7, 2003 was enlarged to March 5, 2003.
19
Eleventh Report of Receiver
March 10, 2003
11.
On February 27, 2003, the Receiver filed five Applications, all of which
will be heard on March 12, 2003. These are:
7:52 Application for:
1. Direction from the Court with respect to Phase 2 of the
investigation process.
2. An Order requiring production of Bank records from the
Canadian Imperial Bank of Commerce.
3. Direction from the Court with respect to the sale of certain
units of the Hickman Equipment Inventory.
7:53 – Application for approval of the fees of the Receiver and
the Receiver’s counsel
7:54 – Application for directions concerning PWC’s interest in 29
pieces of equipment which had been rented to it by United
Rentals (Canada) Limited.
7:55 – Application for advice and directions involving a claim for
set-off by United Rentals of Canada, Inc.
7:56 – Application for order directing Deloitte & Touche LLP to
provide documents to PWC and for direction concerning such
documents.
20
Eleventh Report of Receiver
March 10, 2003
ACCRUED FEES OF THE RECEIVER AND LEGAL COUNSEL
Attached as Appendix “E” is a summary of the accrued fees of the Receiver and
Receiver’s Counsel to February 28, 2003.
STATEMENT OF RECEIPTS AND DISBURSEMENTS
Attached as Appendix “F” is a Statement of Receipts and Disbursements for the period
from March 13, 2002, the date of the Receiver’s appointment, to February 28, 2003.
The above is respectfully submitted as of the 10th day of March, 2003.
Yours very truly,
PricewaterhouseCoopers Inc.
Receiver and Manager of
Hickman Equipment (1985) Limited
Per:
__________________________________
James A. Kirby, CA, CIRP
Senior Vice-President
JAK/cmc
Encl.
ReportToCourt-March10(#11).doc
21
Appendix D
COURT FILE INDEX
MARCH 5, 2003
Eleventh Report of Receiver
March 10, 2003
THE CONTENTS OF APPENDIX ‘D’ HAVE BEEN PROVIDED TO US BY
JUDGE HALL AND ARE ATTACHED AS PROVIDED.
Page 23
Eleventh Report of Receiver
March 10, 2003
NOTE: THIS FILE INDEX HAS BEEN PREPARED BY MR. JUSTICE HALL
FOR HIS OWN USE AND IS SUPPLIED TO COUNSEL FOR VARIOUS
PARTIES AND/OR PERSONS INTERESTED IN THE MATTER SET OUT
BELOW. USERS ARE CAUTIONED NOT TO RELY UPON THIS INDEX AS
BEING NEITHER FULLY UP TO DATE AS OF THE DATE THEREOF NOR
TO BE FULLY ACCURATE IN THE DEPICTION OF DOCUMENTS FILED
AND THE SUB-FILE NUMBERS ASSIGNED THERETO.USE AT YOUR OWN
RISK
Page 24
Eleventh Report of Receiver
March 10, 2003
YEAR
COURT # AND
TITLE OF ACTION
ACTION #
2002
01T 0352
IN THE MATTER OF
the Companies’ Creditors
Arrangement Act, Chapter C-36
of the Revised Statutes of Canada,
1985 as amended
AND IN THE MATTER OF
the plan of compromise or
arrangement of Hickman
Equipment (1985) Limited
Category #
Sub-file #
Document Type
1:00
File Index
2:00
Minutes
3:00
Originating Documents (original and amended)
3:01
Originating Application (ex parte) and supporting affidavit for stay of proceedings,
appointment of Monitor and other relief under Companies’ Creditors Arrangement Act
3:02
4:00
Defences/Replies
4:01
4:02
Page 25
Eleventh Report of Receiver
March 10, 2003
Category #
Sub-file #
Document Type
4:03
5:00
Third Party Proceedings
5:01
5:02
6:00
Intervenors
6:01
6:02
7:00
Interlocutory Matters
7:01
Monitor’s Application to clarify Initial Order re. liability of members of Creditors’
Committee
7:02
Interlocutory application(inter partes) and supporting affidavits for approval of Letter
Agreement of Purchase and Sale between Hickman Equipment (1985) Limited and
Ontrac Equipment Supply Limited
7:03
John Deere Limited - Application for return of consigned goods and responses of
opposing parties
7:04
MTC Leasing Inc. - Application for recovery of equipment and responses of opposing
parties
Page 26
7:05
Wells Fargo Equipment Finance Company - application for return of
leased equipment and responses of opposing parties
Set for trial to
recommence
Submission of Wells Fargo re. scheduling of related applications for
April 16 for one
proceeds (see sub-files 7.26, 7.28, 7.30, 7.34,
day
7.46, 7.48, 7.49 and 7.50
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50 (filed in sub-file 7:05)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Eleventh Report of Receiver
March 10, 2003
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
7:05(a)
7:06
Exhibits filed during application hearing
Fabtek Corporation - Application for return of equipment and responses of
opposing parties
Affidavit of James Kirby filed November 20, 2002
Affidavit of Roy Greening filed November 20, 2002
7:07
Tramac Equipment Ltd. - application for return of equipment and responses
of opposing parties
7:08
Caterpillar Financial Services Ltd.- Application for return of equipment
and responses of opposing parties
7:09
Gillis Truckways Limited - Application for return of 30 days goods under
Bankruptcy and Insolvency Act and responses of opposing parties
7:10
Receiver’s application for approval of sale of Showtech and Celebration
Rentals divisions assets
7:11
Receiver’s Application for extension of time to respond to property and 30
day goods claims
7:12
Receiver’s Application to extend time for filing of Realization, Cost
Allocation, Investigation and Claims Plans
7:13
Receiver’s Application for approval of Realization, Cost Allocation ,
Investigation and Claims Plans
7:14
Hickman application to discontinue CCAA protection
7:15
Monitor’s Application re. passage of accounts and discharge and responses
of opposing parties
Page 28
Eleventh Report of Receiver
March 10, 2003
7:16
Well’s Fargo Interlocutory Application for Court Appointed Receiver and
Receiving Order under Bankruptcy and Insolvency Act
7:17
Receiver’s Interlocutory Application to extend time for filing of
Investigation Plan Phase I report
7:18
John Deere application for additional disclosure re. Wells Fargo
Interlocutory Application for recovery of possession (re sub-file 7:05)
7:19
Application by Receiver for approval to sell 18 motor vehicles and
miscellaneous inventory, including batches or classes of assets of $25,000
value or less without further court approval (Order filed February 20, 2003
sub-file 8:25)
7:20
Application by GMAC for recovery of proceeds of sale of Equipment
over which GMAC claims a first charge (sub-file includes supporting
affidavit and draft order)
Reply of PricewaterhouseCoopers to application of GMAC filed October 23,
2002
7:21
Application by GMAC for payment of proceeds of sale by Receiver of four
Terex trucks - filed November 21, 2002
Affidavit by Raylene Lee in response to the application
Affidavit of Gregory Dickie re service of affidavit of Jack Pietropaolo
7:22
Application by A. and S.F. Hollett and Son Limited for leave to commence
2 actions against Hickman Equipment (1985) Limited for defective tree
harvesters
7:23
Application by PricewaterhouseCoopers for approval by Court in whole or
in part of 19 claims by secured creditors
Order approving in whole or in part listed Final Determinations (filed
February 6, 2003) (see sub-file 8:20 for Order)
Page 29
Eleventh Report of Receiver
March 10, 2003
7:24
Application by ABN-AMRO Leasing for determination of priority and
entitlement vis a vis other claimants over proceeds of sale of certain listed
Set for hearing
equipment by the Receiver
March 19, 20, 21,
24, 25, 26, 27 and
Reply of GMAC (filed February 7, 2003)Notice of Objection by
28 BUT After
Bombardier Capital Leasing Ltd. and Affidavit of Nicolas Potvin filed
GMAC
February 7, 2003
Application subfile 7:34 with
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
possible carry-
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
over to next week
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply of Hickman Motors Limited (formerly known as Hickman Leasing
Limited) filed February 7, 2003
Reply Memorandum and Affidavit of Douglas Dicker on behalf of John
Deere Ltd. and John Deere Credit Inc. to application of ABN-AMRO
Bank N.V., Canada Branch (filed February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
Page 30
Eleventh Report of Receiver
March 10, 2003
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
7:25
Application by John Deere Credit Inc. for payment by Receiver to JDCI of
sale proceeds of equipment referenced in the Application
set for hearing
April 9, 10, 11,
Notice of Objection by CIBC filed February 7, 2003 and supporting
14 and 15 with
affidavit of Jennifer Lee
JDCI Application
sub-file 7:37 and
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
possible
existing or potential claims by other parties to the subject matter of the Cat
accommodation
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
to Wells Fargo
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
application 7:05
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
Page 31
Eleventh Report of Receiver
March 10, 2003
to allow it to
7:47; 7:49 and 7:51)
recommence
earlier
Submission by TD Asset Finance Corp. in reply to John Deere Credit Inc.
application (filed February 10, 2003)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of David Bugaresti on behalf of John Deere Credit Inc. in
support of applications for proceeds re. sub-files 7:25 and 7:37 (filed
February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
Page 32
Eleventh Report of Receiver
March 10, 2003
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Revised Affidavit of David Bugaresti on behalf of John Deere Credit Inc.
in support of applications for proceeds re. sub-files 7:25 and 7:37 (filed
February 12, 2003)
Submission of TD Asset Finance Corp. (filed February 10, 2003)
7:26
Application by John Deere Ltd. for payment by Receiver to JDL of sale
proceeds of equipment referenced in the Application
Set for trial April
2, 3, 4, 7 and 8
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
with possible
7:05 (filed February 6, 2003)Notice of Objection by CIBC filed February 7,
delay to
2003 (see John Deere Credit Inc. Application subfile 7:25 for reasons for
accommodate
CIBC objection and supporting affidavit of Jennifer Lee
ABN-AMRO
application sub-
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
file 7:24
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Submission by TD Asset Finance Corp. in reply to John Deere Limited
application (filed February 10, 2003)
Page 33
Eleventh Report of Receiver
March 10, 2003
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of Douglas Dicker in support of John Deere Ltd. application for
payment of proceeds (filed February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Page 34
Eleventh Report of Receiver
March 10, 2003
Submission of TD Asset Finance Corp. (filed February 10, 2003)
7:27
Application by Royal Bank of Canada for determination of priority and
entitlement vis a vis other claimants over proceeds of sale of certain listed
Set for trial April
equipment by the Receiver
5 to 9 with Royal
bank Sub-file
Reply by GMAC in opposition to RBC application re. certain listed
7:43
equipment (filed February 7, 2003)
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of Douglas Dicker and Reply Memorandum of John Deere Ltd.
and John Deere Credit Inc. to Royal bank of Canada Application (filed
February 10, 2003) (re. sub-files 7:27 and 7:43)
7:28
Application by PricewaterhouseCoopers as Receiver for approval of sale
plan respecting remaining parts inventory (see Order filed sub-file 8:24)
Page 35
Eleventh Report of Receiver
March 10, 2003
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
7:05 (filed February 6, 2003)
7.28(a)
Appeal by CIBC of Trustee’s Final Determination
Set for hearing
Response by Cedarapids Inc. to Trustee’s Final Determination of CIBC
March 3, 4, 6, 7,
claims (filed February 6, 2003)
10 and 11
Notice by CIT Financial Ltd. and CIBC Equipment Finance Ltd.
reserving right to cross-examine deponents of CIBC affidavits,
representatives of Hickman Group of Companies, and make argument upon
final determination of factual issues (filed February 7, 2003
Objection by ABN-AMRO Leasing (filed February 10, 2003)
Objection by ABN-AMRO Leasing (filed February 10, 2003)
Written Submission of Ingersoll-Rand Canada Ltd. re. sub-files 7:28(a);
7:41; 7:49 and 7:50 filed February 24, 2003
Memorandum of Fact and Law of Canadian Imperial Bank of
Commerce filed February 24, 2003
Memorandum of Fact and Law on behalf of ABN-AMRO Leasing, Royal
bank of Canada and Tramac Equipment Ltd. filed February 28, 2003
Memorandum of Authorities of CIT Financial Ltd. filed February 27, 2003
7:29
Appeal by Caterpillar Financial Services Ltd. of Receiver’s Final
Determination - Second Interlocutory application applying for lifting of Stay
Set for hearing
under Initial Order and Receivership Order re. filing post February 7, 2002
March 5, 2003
(filed February 4, 2002).
Notice of Objection of CIBC filed February 7, 2003 (see CIBC Equipment
Page 36
Eleventh Report of Receiver
March 10, 2003
Finance Limited subfile 7:30 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee)
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Objection of Tramac Equipment Ltd. (filed February 10, 2003)
Memorandum of Fact and Law of Caterpillar Financial Services Ltd.
filed February 24, 2003
7:30
Appeal by CIBC Equipment Finance Ltd. from Final Determination by
Receiver disallowing security based upon registration of change of debtor
notices during stay period
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
7:05 (filed February 6, 2003)
Notice of Objection of Bombardier Capital Leasing Ltd. (filed February 5,
2003)
(See sub-file 9:04 for reasons for judgement)
7:31
Set for hearing
Application by Tramac Equipment Ltd. for determination of its priority
and entitlement, vis a vis other claimants re. described assets
May 30, 2003
Reply of GMAC filed February 7, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
Page 37
Eleventh Report of Receiver
March 10, 2003
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
7:32
Application by CIT Financial Limited for payment to it of $1,194,162.00
of proceeds from the sale by the Receiver of miscellaneous equipment
Set for hearing
including compressors and track drills
May 14, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply of Hickman Motors Limited (formerly known as Hickman Leasing
Limited) filed February 7, 2003
7:33
set for hearing
Application by GMAC for payment of proceeds of sale of GMC Truck by
Receiver
June 30, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Page 38
Eleventh Report of Receiver
March 10, 2003
Reply of Hickman Motors Ltd (formerly known as Hickman Leasing
Limited) filed February 7, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE -
Page 39
Eleventh Report of Receiver
March 10, 2003
single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
7:33 (a)
Application by CIT Financial Limited for payment $$950,000.00 of sale
proceeds of five (5) Terex Trucks) sold by Receiver and described in
application
Reply of GMAC filed February 7, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee, Reply of Hickman Motors Limited (formerly
known as Hickman Leasing Limited) filed February 7, 2003
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
Page 40
Eleventh Report of Receiver
March 10, 2003
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
7:34
Application By General Motors Acceptance Corporation of Canada,
Limited (“GMAC”) for proceeds of sale by Receiver
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
7:05 (filed February 6, 2003)
Notice of Objection by Bombardier Capital Leasing Ltd. and Affidavit of
Nicolas Potvin filed February 7, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Page 41
Eleventh Report of Receiver
March 10, 2003
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Notice of Objection by CULEASE Financial Services and Supporting
Affidavit of Terry Wensely filed February 7, 2003
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
Page 42
Eleventh Report of Receiver
March 10, 2003
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Objection by CIT Financial Ltd. and CIBC Equipment Finance Ltd.
(filed February 7, 2003)
Objection of Tramac Equipment Ltd. (filed February 10, 2003)
Objection by ABN-AMRO Leasing (filed February 10, 2003)
Objection by ABN-AMRO Leasing (filed February 10, 2003)
7:35
Application by GMAC Leaseco Limited for payment of proceeds of sale of
3 Silverado motor vehicles
Set for hearing
June 26-27, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
7:36
Application by John Deere Limited and John Deere Credit Limited for
an order that the hearing of the appeal of the Receiver’s Final determination
Set for hearing
by CIBC be expanded to include a hearing on the Transition Issue
with sub-file
7:28(A) March 3,
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
4, 6, 7, 10 and 11,
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
2003
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
Page 43
Eleventh Report of Receiver
March 10, 2003
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
7:37
Application by John Deere Credit Inc. for payment of sale proceeds
set for hearing
Response of Contract Funding Group and affidavit of Ginter Baca (filed
April 9, 10, 11,
February 6, 2003)
14 and 15 with
JDCI Application
Reply of GMAC filed February 7, 2003
sub-file 7:37 and
possible
Notice of Objection by Bombardier Capital Leasing Ltd. and Affidavit of
accommodation
Nicolas Potvin filed February 7, 2003
to Wells Fargo
application 7:05
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
to allow it to
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
recommence
affidavit of Jennifer Lee
earlier
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
Page 44
Eleventh Report of Receiver
March 10, 2003
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Notice of Objection by CULEASE Financial Services and Supporting
Affidavit of Terry Wensely filed February 7, 2003
Reply of Hickman Motors Limited (formerly known as Hickman Leasing
Limited) filed February 7, 2003
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of David Bugaresti on behalf of John Deere Credit Inc. in
support of applications for proceeds re. sub-files 7:25 and 7:37 (filed
February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Page 45
Eleventh Report of Receiver
March 10, 2003
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Revised Affidavit of David Bugaresti on behalf of John Deere Credit Inc.
in support of applications for proceeds re. sub-files 7:25 and 7:37 (filed
February 12, 2003)
Objection by ABN-AMRO Leasing (filed February 10, 2003)
Objection by Royal Bank of Canada (filed February 10, 2003)
7:38
Application by Bombardier Capital Leasing Ltd. for determination of
priority and entitlement, vis a vis other creditors re. 5 John Deere excavators
Set for hearing
May 22-23
Reply of GMAC filed February 7, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Page 46
Eleventh Report of Receiver
March 10, 2003
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of Douglas Dicker and Reply Memorandum of Fact and Law of
John Deere Ltd. and John Deere Credit Inc. to application of
Bombardier Capital Leasing Ltd. (filed February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
Page 47
Eleventh Report of Receiver
March 10, 2003
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Notice of Objection by CIBC Equipment Finance Ltd. (filed February 7,
2003)
Objection by ABN-AMRO Leasing (filed February 10, 2003)
7:39
Application by Culease Financial Services for determination of priority and
entitlement to, vis a vis other creditors, of sale proceeds of sale of listed
Set for hearing
equipment
May 27-28 with
Daimler Chrysler
Reply of GMAC filed February 7, 2003
sub-file 7:40
Notice of Objection by Daimler Chrysler Financial Services Canada Inc.
(filed February 7, 2003)
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Page 48
Eleventh Report of Receiver
March 10, 2003
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of Douglas Dicker and Reply Memorandum of Fact and Law of
John Deere Ltd. and John Deere Credit Inc. to application of CU Lease
Financial Services (filed February 10, 2003)
Affidavit of Douglas Dicker and Reply Memorandum of Fact and Law of
John Deere Ltd. and John Deere Credit Inc. to application of
Bombardier Capital Leasing Ltd. (filed February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Page 49
Eleventh Report of Receiver
March 10, 2003
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Objection by ABN-AMRO Leasing (filed February 10, 2003)
7:40
Application by Daimler Chrysler Financial Services Canada Inc. for
payment of proceeds of sale of listed equipment
Set for hearing
May 27-28 with
Reply of GMAC filed February 7, 2003
CULEASE subfile 7:39
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Notice of Objection by CULEASE Financial Services and Supporting
Affidavit of Terry Wensely filed February 7, 2003
7:41
Application by Ingersoll-Rand Canada Inc. for determination of priority
and entitlement to proceed from sale of listed equipment
Set for hearing
Reply of GMAC filed February 7, 2003
June 5-6, 2003
Notice of Objection by CIBC filed February 7, 2003 (see John Deere Credit
Inc. Application subfile 7:25 for reasons for CIBC objection and supporting
affidavit of Jennifer Lee
Page 50
Eleventh Report of Receiver
March 10, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply of Hickman Motors Limited (formerly known as Hickman Leasing
Limited) filed February 7, 2003
Written Submission of Ingersoll-Rand Canada Ltd. re. sub-files 7:28(a);
7:41; 7:49 and 7:50 filed February 24, 2003
7:42
Application by Contract Funding Group Inc. for payment of sale proceeds
of listed equipment
Set for hearing
June 18-19, 2003
Response of Contract Funding Group to John Deere Credit Inc.
application for Proceeds in subfile 7:37 and affidavit of Ginter Baca
(filed February 6, 2003)
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Page 51
Eleventh Report of Receiver
March 10, 2003
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Notice of Objection by CIBC (filed February 10, 2003)
7:43
Application by Royal Bank of Canada for determination of entitlement and
priority vis-a-vis other creditors to proceeds of sale of listed equipment
Set for trial April
5 to 9 with Royal
Reply of GMAC filed February 7, 2003
bank Sub-file
7:27
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Page 52
Eleventh Report of Receiver
March 10, 2003
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Notice of Objection by CULEASE Financial Services and Supporting
Affidavit of Terry Wensely filed February 7, 2003
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Affidavit of Douglas Dicker and Reply Memorandum of John Deere Ltd.
and John Deere Credit Inc. to Royal bank of Canada Application (filed
February 10, 2003) (re. sub-files 7:27 and 7:43)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Page 53
Eleventh Report of Receiver
March 10, 2003
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003) Notice of
Objection by CIBC (filed February 10, 2003)
7:44
Application by National Leasing Group
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Notice of Objection by CIBC (filed February 10, 2003)
7:45
Application by MTC Leasing Inc. for payment of proceeds of sale of
equipment referenced in application
Set for hearing
June 4, 2003
Reply of GMAC filed February 7, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Page 54
Eleventh Report of Receiver
March 10, 2003
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)Affidavit of Ernest G. Reid, Q.C.
on behalf of John Deere Ltd. and Reply Memorandum of Fact and Law to
various Applications (NOTE - single filing for sub-files 7:05; 7:24; 7:25;
7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48;
7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Notice of Objection by CIBC (filed February 10, 2003)
7:46
Application by CIBC Equipment Finance Ltd. for payment of proceeds
Page 55
Eleventh Report of Receiver
March 10, 2003
from sale of equipment referenced in application
Set for hearing
June 11, 12, 13,
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
2003
7:05 (filed February 6, 2003)
Reply of GMAC filed February 7, 2003
Notice of Objection by Bombardier Capital Leasing Ltd. and Affidavit of
Nicolas Potvin filed February 7, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Notice of Objection by CIBC (filed February 10, 2003)
7:47Set for
Application by T.D. Asset Finance Corp. for determination of priority and
hearing June 16-
entitlement to, vis-a-vis other claimants, sale proceeds from sale of listed
17, 2003
equipment - AMENDED APPLICATION filed February 26, 2003
Reply of GMAC filed February 7, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Affidavit of Douglas Dicker and Reply Memorandum of Fact and Law of
John Deere Ltd. and John Deere Credit Inc. to application of TD Asset
Page 56
Eleventh Report of Receiver
March 10, 2003
Finance Corp. (filed February 10, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Notice of Objection by CIBC (filed February 10, 2003)
7:48
Application by John Deere Ltd. for determination of entitlement and
priority to, vis-a-vis other creditors, proceeds from sale of listed equipment
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
Page 57
Eleventh Report of Receiver
March 10, 2003
7:05 (filed February 6, 2003)
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
(See sub-file 8:22 for Order)
7:49
Application by Canadian Imperial Bank of Commerce for payment of
various including accounts receivable, cash of hand, income tax refunds, sale
Set for hearing
of parts inventory, sale of assets of Show-Tech and Celebration Rent-Alls
March 3, 2003 re.
Divisions, sale of Fabtek Forwarder, sale of various pieces of equipment over
Page 58
Eleventh Report of Receiver
March 10, 2003
payment of
which no specific security is identified, and all other proceeds covered by
proceeds on sale
claimed security documents
of assets where
other creditors do
See: Sub-file 7:51 of Cedarapids Inc. in partial opposition.
not have specific
security and have
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
not filed and set
7:05 (filed February 6, 2003)
for return date
June 25, 2003 re.
Response by Cedarapids Inc. to Trustee’s Final Determination of CIBC
disputed assets
claims (filed February 6, 2003 in Sub-file 7:28)
objections
Reply of GMAC filed February 7, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of Canada, MTC Leasing
Inc., Wells Fargo Equipment Finance Company and TD Asset Finance
Corp (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A;
Page 59
Eleventh Report of Receiver
March 10, 2003
7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed
February 10, 2003) (filed in sub-file 7:05)Affidavit of Ernest G. Reid, Q.C.
on behalf of John Deere Ltd. and Reply Memorandum of Fact and Law to
various Applications (NOTE - single filing for sub-files 7:05; 7:24; 7:25;
7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48;
7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Notice of Objection by CIT Financial Ltd. and CIBC Equipment Finance
Ltd. to claim of CIBC to Proceeds (filed February 7, 2003)
Submission by T.D. Asset Finance Corp. (filed February 10, 2003)
Written Submission of Ingersoll-Rand Canada Ltd. re. sub-files 7:28(a);
7:41; 7:49 and 7:50 filed February 24, 2003
7:50
Application by Canadian Imperial Bank of Commerce for determination
of priority and entitlement to, vis-a-vis other creditors, i.e. parts inventory in
accordance with Consent and Priority Agreement between JDL and CIBC
(see sub-file 8:21 for Order)
Submission of Wells Fargo re. scheduling of hearing as filed in sub-file
7:05 (filed February 6, 2003)
Page 60
Eleventh Report of Receiver
March 10, 2003
Response by Cedarapids Inc. to Trustee’s Final Determination of CIBC
claims (filed February 6, 2003 in Sub-file 7:28)
Reply Memorandum of Fact and Law of John Deere Ltd. and John
Deere Credit Inc to applications of various creditors in respect of
Security Interest claimed by GMAC (filed February 10, 2003) (see subfiles 7:05; 7:24; 7:25; 7:26; 7:27; 7:33; 7:33A; 7:34; 7:37; 7:38; 7:39; 7:42;
7:43; 7:45; 7:49; 7:50
Memorandum Of Authorities of John Deere Ltd. and John Deere Credit
Inc. (2 Volumes) in respect of various appeals and by respect of Canadian
Imperial bank of Commerce, GMAC, ABN-AMRO Bank N.V., Canada
Branch, Bombardier Capital Leasing Ltd., Contract Funding Group
Inc., Culease Financial Services, Royal Bank of
Canada, MTC Leasing Inc., Wells Fargo Equipment Finance Company
and TD Asset Finance Corp (NOTE - single filing for sub-files 7:05; 7:24;
7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47;
7:48; 7:49; and 7:50 (filed February 10, 2003) (filed in sub-file 7:05)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Ltd. and Reply
Memorandum of Fact and Law to various Applications (NOTE - single filing
for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36; 7:37; 7:38; 7:39;
7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February 10, 2003)
Affidavit of Ernest G. Reid, Q.C. on behalf of John Deere Credit Inc. and
Reply Memorandum of Fact and Law to various Applications (NOTE single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33; 7:33A; 7:34; 7:36;
7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and 7:50 (filed February
10, 2003)
Affidavit of Bruce Grant on behalf of John Deere Ltd. and John Deere
Credit Inc. (NOTE - single filing for sub-files 7:05; 7:24; 7:25; 7:26; 7:33;
7:33A; 7:34; 7:36; 7:37; 7:38; 7:39; 7:42; 7:43; 7:45; 7:47; 7:48; 7:49; and
Page 61
Eleventh Report of Receiver
March 10, 2003
7:50 (filed February 10, 2003) 7:50 (filed February 10, 2003)
Written Submission of Ingersoll-Rand Canada Ltd. re. sub-files 7:28(a);
7:41; 7:49 and 7:50 filed February 24, 2003
7:51
Application by Cedarapids Inc. for declaration of entitlement to listed
equipment and in opposition to claim of CIBC (sub-file 7:49)
Set for hearing
June 25, 2003
Notice by Caterpillar Financial Services Ltd. to all parties objecting to an
existing or potential claims by other parties to the subject matter of the Cat
Finance application filed in subfile 7:29 on February 4, 2003) (at instruction
of Hall, J., notice is also to be filed in subfiles 7:24, 7:25; 7:26; 7:27; 7:31;
7:32; 7:33; 7:34; 7:37; 7:38; 7:39; 7:40; 7:41; 7:42; 7:43; 7:44; 7:45; 7:46;
7:47; 7:49 and 7:51)
Reply of GMAC to Interlocutory Application of Cedarapids Inc. to the
Application of Canadian Imperial Bank of Commerce for proceeds
Affidavit of Nathan Mixdorf in support of Opposition of Cedarapids Inc
to. CIBC Proceeds Application (sub-files 7:51 and 7:49
7:52
Application of PricewaterhouseCoopers (“Receiver”) for:
(1) Direction form the Court with respect to Phase 2 of the Investigation Plan;
set for March 12,
(2) An Order Requiring Production of Bank Records from Canadian Imperial
2003
Bank of Commerce; and (3) Direction from the Court with Respect to Sale of
Certain Units of Inventory. (filed February 27, 2003
7:53
Application of PricewaterhouseCoopers (“Receiver”) for approval of the
set for March 12,
fee’s of the Receiver and Receiver’s counsel and Affidavit of James Kirby
2003
(filed February 27, 2003)
7:54
Application of PricewaterhouseCoopers (as Receiver and Trustee)seeking
directions of the Court concerning Receiver/Trustee’s interest in 29 pieces of
set for March 12,
Equipment rented to Hickman Equipment (1985) Ltd by United Rentals
2003
(Canada) Limited
Page 62
Eleventh Report of Receiver
March 10, 2003
Affidavit of James Kirby in support of Application;
Memorandum of fact and Law (all filed February 27, 2003);
7:55
Application of PricewaterhouseCoopers (as Receiver and Trustee) for
set for March 12,
advice and direction of the Court re. a claim for set-off by United Rentals of
2003
Canada Inc.
Affidavit of James Kirby in support of Application;
Memorandum of fact and Law (all filed February 27, 2003);
7:56
Application of PricewaterhouseCoopers (as Receiver and Trustee)for
order directing Deloitte & Touche LLP to provide documents to the
set for March 12,
Receiver/Trustee and for direction concerning such documents;
2003
Affidavit of James Kirby in support of Application;
Memorandum of fact and Law (all filed February 27, 2003);
8:00
Orders
8:01
Initial Order proving relief under Companies’ Creditors Arrangement Act
(“Initial Order”)
8:02
Order approving Hickman/Ontrac Letter Agreement of purchase and sale
8:03
Order approving issuance of Receivership order and Receiving Order
8:04
Order amending Initial Order clarifying liability of members of Creditors’
Committee
8:05
Order approving sale of Showtech and Celebration Rentals divisions’
assets
8:06
Orders extending time for Receiver to reply to property and 30 days goods
claims of John Deere Ltd., Gillis Truckways, Tramac Equipment, Rideout’s
Enterprises, Wells Fargo Equipment Finance
Page 63
Eleventh Report of Receiver
March 10, 2003
8:07
(1) Order approving Realization, Cost Allocation , Investigation and Claims
Plans
(2) Order extending time for Receiver’s filing of Realization, Cost
Allocation , Investigation and Claims Plans
8:08
Order approving Monitor’s accounts and accounts of Monitor’s counsel and
discharge of Monitor
8:09
Order approving return of equipment to Gillis Truckways Ltd. - re
application sub-file 7:09
8:10
Order approving return of consigned goods to John Deere Ltd - re
application sub-file 7:03
8:11
Consent Order filed June 7/02 extending time for Receiver to reply to claim
of Wells Fargo to return goods under Bankruptcy and Insolvency Act (re. subfile 7:05
8:12
Consent Order filed June 20, 2002 re sale by Receiver of equipment claimed
by Fabtek Corporation and adjournment sine die of Interlocutory Application
in sub-file 7:06
8:13
Order extending time for filing of Receiver’s Report of Investigation Plan
Phase I
8:14
Order filed April 26, 2002 re. Interlocutory Application of Wells Fargo
adjourning Wells Fargo application for the return of leased equipment (see
sub-file 7:05)
8:15
Order filed July 19, 2002 (dated July 5, 2002) establishing issues to be tried
in initial hearing of Interlocutory application of Wells Fargo for the return of
leased equipment (see sub-file 7:05)
8:16
Order for payment of proceeds to GMAC - see sub-file 7:20
8:17
Order dismissing application of Fabtek Corporation (see sub-file 7:06)
8:18
Order for short service of application of PricewaterhouseCoopers as
Page 64
Eleventh Report of Receiver
March 10, 2003
Receiver respecting remainder of parts inventory
8:19
General Order of Court scheduling applications for proceeds priority
determination and setting deadlines for filing of claims for proceeds priority
determination and objections to claims for proceeds priority
8:20
Order Approving of Listed Final determinations by Receiver filed
February 6, 2003 (see sub-file 7:23)
8:21
Order re. Proceeds of Sale of Parts Inventory - payable to CIBC (re.
subfile 7:50) (filed February 5, 2003)
8:22
Order re. Proceeds of Sale of Parts Inventory - payable to John Deere Ltd.
(re. subfile 7:48) (filed February 3, 2003)
8:23
Order arising from June 5, 2002 hearing scheduling Wells Fargo
application (sub-file 7:05) and permitting sale of equipment
8:24
Order on Receiver’s Application for Approval of Sale of Parts Inventory
(see sub-file 7:28)
8:25
Order Arising from Application by Receiver for approval to sell 18 motor
vehicles and miscellaneous inventory, including batches or classes of assets
of $25,000 value or less without further court approval (filed February 20,
2003) (see sub-file 7:19)
9:00
Written Reasons for Judgement
9:01
Reasons for judgement on passage of accounts of Monitor and Monitor’s
counsel and discharge of the Monitor
9:02
Reasons for judgement denying application for possession of equipment by
Caterpillar Financial Services Limited as per Interlocutory Application subfile 7:08
9:03
Reasons for Judgement in application by GMAC for proceeds from sale of
Page 65
Eleventh Report of Receiver
March 10, 2003
four Terex Trucks (see sub-file 7:21) (Reasons filed February 20, 2003)
9:04
Reasons for Judgement on Application by CIBC Equipment Finance Ltd
(“CEFL”) for lifting of stay of proceedings contained in CCAA Order and
continued by Receivership Order so as to permit filing of financing change
statement naming HEL as debtor respecting collateral transferred from HLL
(see application sub-file 7:30)
9:05
Reasons for Judgement with respect to transitioning of Wells Fargo prePPSA security raised in hearing of application in sub-file 7:05 (filed January
3, 2003)
10:00
Miscellaneous
10:01
First Monitor’s report
10:02
Second Monitor’s Report
10:03
Final Monitor’s Report
10:03
Supplement Material to Second Monitor’s report
10:04
Receiver’s Report on tender of Showtech/Celebration Rentals assets- May
6, 2002 and revisions
10:05
Second Receiver’s report filed June 6,2002
10:06
Third Receiver’s report filed July 10, 2002
10:07
Fourth Receiver’s Report filed August 8, 2002 and Amended Fourth
Receiver’s report filed August 9, 2002
10:08
Fifth Receiver’s Report
10:09
Phase I Investigation Plan report (NOTE: THIS SUB-FILE IS SEALED
AND IS ONLY TO BE OPENED BY HALL, J)
10:10
Sixth Receiver’s Report filed October 8, 2002
Page 66
Eleventh Report of Receiver
March 10, 2003
11:00
10:11
Seventh Receiver’s Report filed November 12, 2002
10:12
Eighth Receiver’s Report filed December 12, 2002
10:13
Ninth Receiver’s Report filed January 9th, 2003
10:14
Tenth Receiver’s report filed February 10, 2003
Correspondence
Page 67
APPENDIX "A"
Hickman Equipment (1985) Limited
PricewaterhouseCoopers Inc., Receiver
3-Mar-03
ACCOUNTS RECEIVABLE REPORT
HEL
Opening Balance of Accounts Receivable
Accounts with credit balances
OS payments and credit notes, March 13/02
Opening AR adjusted
$
$
Receiver's Billings and Debit Adjustments
Bill for rentals
Bill for Parts return no AP off-set
US exchange on AR collection
Accounts Available for Collection, Adjusted
Showtech
1,502,583.95 $
279,907.41
(101,226.47)
1,681,264.89 $
$
21,619.14
36,202.00
139,623.00
197,444.14
$
$
1,878,709.03
$
Uncollectible and/or Doubtful Items:
Warranty receivables with off-set
Parts Return accounts with off-set
Writedowns/ off-sets Regular Receivables (Note)
Finance Charges / Adjustments
Celebration
110,490.05 $
4,233.02
(22,993.58)
91,729.49 $
91,729.49
$
$
366,345.02
121,762.26
506,517.03
Total
87,982.39 $
3,353.12
(12,203.23)
79,132.28 $
79,132.28
$
26,111.33
5,927.99
32,039.32
1,701,056.39
287,493.55
(136,423.28)
1,852,126.66
$
21,619.14
36,202.00
139,623.00
197,444.14
$
2,049,570.80
$
366,345.02
121,762.26
532,628.36
7,722.54
1,028,458.18
$
994,624.31
$
1,794.55
1,794.55
Payments Received to February 28, 2003
$
789,151.27
$
54,440.99
$
36,124.60
$
879,716.86
Outstanding at February 28, 2003
$
94,933.45
$
35,493.95
$
10,968.36
$
141,395.76
NOTE:
Writedowns / off-sets Regular Receivables: A significant account
with United Rentals in the amount of $329,254.74 is the subject of an application
by the Receiver to the Court for directions.
Appendix ‘B’
SUMMARY OF INFORMATION REQUESTED BY CCRA
1. Accounting details for recording each sale in the sales sample provided by
CCRA, listing 30 sales totalling $11,211,213. Include entries to record initial
sale, receipt of sales proceeds and/or other related entries.
2. Copies of electronic invoices for these sales.
3. Copies of cheques (front and back) to listed payees, (managers and directors)
detailed in schedules provided by CCRA. Totals 117 cheques.
4. Accounting details for recording each of these transactions, including entries to
record transaction, general ledger posting and/or any other related entries.
5. Documentation to support these payments as company expense.
6. Reconciliation of general ledger amounts included in T4 employment income for
the listed individuals for 2000 and 2001.
7. Accounting details for recording each amount in the payment sample supplied by
CCRA, including entries to record transaction, general ledger posting, and/or any
other related entries.
8. Balance Sheet Analysis report for the period ending December 31, 2000 detailing
all general ledger account balances.
Hickman Equipment (1985) Limited
PricewaterhouseCoopers Inc., Receiver
SCHEDULE OF DISTRIBUTIONS
FOR THE PERIOD ENDING FEBRUARY 28, 2003
Appendix "C"
Sum of Net Distribution
DATE
Payee
27/11/2002 GMAC
Gross Amount
526,100.00
Deduction for Cost
Allocation
(78,915.00)
Total
447,185.00
Court Order
7:21
10/2/2003
Stewart McKelvey (Trust for
John Deere Limited)
750,805.73
(112,620.85)
638,184.88
8:22
12/2/2003
Benson Myles (Trust for CIBC)
393,000.00
(48,950.00)
344,050.00
8:21
TOTAL
$
1,669,905.73 $
(240,485.85) $ 1,429,419.88
Hickman Equipment (1985) Limited
Summary of Accrued Fees
Appendix "E"
Billings
PricewaterhouseCoopers
#1
#2
#3
#4
#5
#6
#7
#8
#9
# 10
# 11
# 12
# 13
# 14
# 15
Paid to Feb.28, 2003
$
$
188,215.50
21,172.63
201,221.82
117,620.00
49,590.00
66,548.00
85,410.00
40,000.00
71,785.70
56,172.26
58,136.00
72,958.00
55,433.40
36,618.00
53,837.00
1,174,718.31
$
1,229,092.31
Outstanding
24,012.00
30,362.00
Total PwC
Legal fees
Billings
Patterson Palmer
Merrick Holm
#1
#2
#3
Adj. from previous
#4
#5
#6
#7
#8
#9
# 10
# 11
Paid to Feb. 28, 2003
$
$
Outstanding
17,674.10
57,172.77
74,003.95
0.03
36,612.82
20,972.83
27,546.86
33,167.33
50,719.66
19,752.56
19,912.47
18,946.60
376,481.98
16,880.63
Total Patterson Palme
$
393,362.61
White Ottenheimer & Baker
#1
$
16,470.60
Paid to May 31, 2002
$
16,470.60
#1
#2
#3
#4
#5
#6
#7
#8
#9
# 10
$
43,145.54
70,208.79
36,103.08
23,163.03
31,644.96
27,580.12
52,553.54
30,085.45
10,102.67
15,041.40
$
339,628.58
Total Merrick Holm
$
372,869.04
Total legal fees
$
782,702.25
Paid to Feb. 28, 2003
Outstanding
33,240.46
IN THE MATTER OF THE RECEIVERSHIP OF
HICKMAN EQUIPMENT (1985) LTD
STATEMENT OF RECEIPTS AND DISBURSEMENTS
FOR THE PERIOD ENDING FEBRUARY 28, 2003
RECEIPTS
Accounts receivable
Accounts receivable - sundry
Auction commission
Auction of equipment and attachment inventory
Cash on hand
Cost allocation
HST collected
Interest
Recovery of freight
Rental Income - Sublet to RCMP
Redemption of Share - Credit Bureau
Sale of assets by tender - Show Tech and Celebration
Sale of equipment inventory
Sale of parts inventory
Sale of Vehicles
Third party auction proceeds
Trust Funds from Monitor
US Exchange
TOTAL RECEIPTS
Appendix "F"
March 13/02 January 31/03
$
March 13/02 February 28/03
$
9,504
575
215,878
34,095
3,833
200,000
1,143,806
95,380
1,703,071
879,717
10,789
1,182,973
14,534,892
4,087
181,165
2,941,656
233,307
20,000
3,600
3,833
772,165
3,264,700
1,337,005
293,605
466,968
165,200
6,193
26,301,855
6,446
35,701
1,140,712
6,508
20
114,298
2,733,297
30,206
698,593
17,835
123,204
35,188
14,902
1,144,812
466,968
34,236
9,471
23,473
12,587
8,117
2,652
6,659,227
128
10,053
7,838
33,988
5,081
29,906
1,503
88,497
6,446
35,701
1,140,712
6,635
20
114,298
2,743,350
38,045
732,581
22,916
123,204
35,188
14,902
1,174,718
466,968
35,739
9,471
23,473
12,587
8,117
2,652
6,747,724
17,939,557
1,614,574
19,554,131
447,185
982,235
1,429,420
FUNDS ON HAND COMPRISED OF THE FOLLOWING
Funds on Hand - General
Funds on hand - In Trust re Equipment Sale & Wells Fargo
Funds on hand - In trust from Monitor's Equip. sales
Funds on hand - In trust re Sale of leased vehicles
17,492,372
17,075,858
250,750
165,764
632,339
350,691
281,648
18,124,711
17,426,549
250,750
165,764
281,648
TOTAL FUNDS ON HAND
17,492,372
632,339
18,124,711
(7,518)
33,988
1,500
205,825
16,133
-
198,307
50,121
1,500
53,837
24,012
(23,475)
-
30,362
24,012
105,819
198,483
304,302
17,386,553
433,856
17,820,409
DISBURSEMENTS
Advances to Trustee
Appraisal fee
Auction commission and expenses
Computer file maintenance and training
Court fee
Equipment storage costs
HST paid and remitted
Insurance
Legal fees
Miscellaneous expenses
Monitor's fees
Monitor's legal fees
Office expenses
Receiver's fee
Reimbursement of third party auction proceeds
Rent and occupancy costs
Repairs & maintenance
Salaries and benefits
Security
Tender advertising
Travel expenses
TOTAL DISBURSEMENTS
EXCESS OF RECEIPTS OVER DISBURSEMENTS
DISTRIBUTIONS - Appendix 'C' Attached
Receiver's Accruals
HST Payable
Legal Fees
Rent
Receiver's fee
Receivership
Bankruptcy
TOTAL RECEIVER'S ACCRUALS
EXCESS OF RECEIPTS NET OF ACCRUALS
870,213
10,214
1,182,973
14,534,892
4,087
181,165
2,725,779
199,212
20,000
3,600
February
$
772,165
3,064,700
193,200
198,225
466,968
165,200
6,193
24,598,784