Corporate File Access
Tobique Farms Ltd. Group of Companies (CCAA)
In the Matter of the Plan of Arrangement of Tepper Holdings Inc., Tobique Farms Ltd., Tobique Farms Operating Limited, Tobique International Inc., 637454 N.B. Ltd., New Denmark Farms Ltd., Tilley Farms Ltd. and Agri-Tepper & Sons Ltd. (the "Companies") under the Companies' Creditors Arrangement Act.
Please be advised that on June 27, 2011, Madam Justice Lucie A. LaVigne, of the Court of Queen's Bench of New Brunswick, appointed Paul A. Stehelin as Monitor of the Companies.
This page is for information purposes only and you should consult your professional advisor if you have any questions or are uncertain as to your rights or obligations.
If you are a creditor and would like to be added to our service list, please advise our office.
Should you have any questions or comments, please do not hesitate to contact any of the below:
- Larry Crandall - (506) 693-8535
- Wayne Weber - (902) 566-2590
- Paul Stehelin - (506) 634-4446
**January 19, 2012 - Please be advised that an AMENDED Substantive Consolidated Plan of Compromise and Arrangement has been posted to the Monitor's website. The document can be found under Creditor's Information Package**
On March 16, 2012, the Court sanctioned the Amended Substantive Consolidated Plan of Compromise and Arrangement. The Monitor will post the order once it has been received from the Court.
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List of Court Orders
- June 27, 2011 - Initial Order
- July 20, 2011 - Court Order
- August 12, 2011 - Decision of Justice LaVigne dated July 22, 2011
- August 19, 2011 - Order Extending Initial Order as Amended
- October 4, 2011 - Second Order Extending Initial Order as Amended
- October 6, 2011 - Third Order Extending Initial Order as Amended
- October 28, 2011 - Fourth Order Extending Initial Order as Amended
- November 30, 2011 - Fifth Order Extending Initial Order as Amended
- December 2, 2011 - Decision of Justice Lavigne dated December 1, 2011
- December 20, 2011 - Claims Procedure and Creditors' Meeting Order
- December 20, 2011 - Sixth Order Extending Initial Order as Amended
- January 31, 2012 - Sanction Hearing Extension Order
- February 10, 2012 - Seventh Extension Order and Amendment to Sanction Hearing Extension Order
- March 21, 2012 - Sanction Order
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Creditor's Information Package
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December 20, 2011 - Creditor's Information Package
Includes Notice of Meeting of Creditors, Proof of Claim, General Proxy, Voting Letter, Notice of Appearance, Substantive Consolidated Plan of Compromise or Arrangement and Claims Procedure and Creditors’ Meeting Order.
This package was mailed to all known creditors of the Companies on December 20, 2011. - December 21, 2011 - Affidavit of Mailing of Creditor's Information Package
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December 22, 2011 - Confirmation of faxing of Creditor's Information Package
Includes follow up correspondence for unsuccessful fax transmissions
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January 4, 2011 - Copy of notice of creditors' meeting published in the Telegraph Journal (provincial edition)
Notice was originally published on December 22, 2012
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January 6, 2011 - Copy of notice of creditors' meeting published in l'Acadie Nouvelle
Notice was originally published on December 24, 2012
- January 19, 2012 - AMENDED Substantive Consolidated Plan of Compromise and Arrangement
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December 20, 2011 - Creditor's Information Package
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Monitor's Reports
- July 13, 2011 - First Report of the Monitor
- August 26, 2011 - Second Report of the Monitor
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September 8, 2011 - Report by Agronomist David Bell, P.Ag.
Report prepared by Agronomist David Bell, P.Ag., at the request of the Monitor on the status of the Companies crop and expected yield. August 2011.
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October 3, 2011 - Third Report of the Monitor
As filed with the Court on September 30, 2011
- October 3, 2011 - Appendices A through L to the Third Report of the Monitor
- October 3, 2011 - Appendices M through AA to the Third Report of the Monitor
- October 27, 2011 - Fourth Report of the Monitor
- November 16, 2011 - Fifth Report of the Monitor
- November 24, 2011 - Sixth Report of the Monitor
- December 15, 2011 - Seventh Report of the Monitor
- February 9, 2012 - Eighth Report of the Monitor
- March 15, 2012 - 9th Report of the Monitor
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Court Documents
- June 22, 2011 - Notice of Application
- June 22, 2011 - Affidavit of Berend Tepper - Part 1/4
- June 22, 2011 - Affidavit of Berend Tepper - Part 2/4
- June 22, 2011 - Affidavit of Berend Tepper - Part 3/4
- June 22, 2011 - Affidavit of Berend Tepper - Part 4/4
- June 22, 2011 - Affidavit of Hendrik Tepper Part 1/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 2/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 3/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 4/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 5/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 6/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 7/8
- June 22, 2011 - Affidavit of Hendrik Tepper Part 8/8
- June 27, 2011 - Initial Order
- July 5, 2011 - Notice of Motion returnable July 18, 2011
- July 5, 2011 - Affidavit of Anna Graham
- July 8, 2011 - Affidavit of Rodney J Gillis QC
- July 11, 2011 - Affidavit of Berend Tepper
- July 11, 2011 - Affidavit of Sarah Brooke
- July 13, 2011 - Notice of Motion returnable July 18, 2011
- July 13, 2011 - Affidavit of Hendrik Tepper Part 1/3
- July 13, 2011 - Affidavit of Hendrik Tepper Part 2/3
- July 13, 2011 - Affidavit of Hendrik Tepper Part 3/3
- July 15, 2011 - Affidavit of Anna Graham
- August 12, 2011 - Decision of Justice LaVigne dated July 22, 2011
- August 19, 2011 - Order Extending Initial Order as Amended
- August 31, 2011 - Motion returnable September 1, 2011 at 1:30PM AST
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CourtCall Appearance - Call-in Instructions
Call-in instructions for the Motion returnable September 1, 2011 at 1:30pm AST to be heard by conference call.
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Notice of Adjournment and *Updated* CourtCall Instructions
Notice of adjournment of September 1, 2011 hearing to September 7, 2011 at 1:30pm AST and instructions for CourtCall Appearance.
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Update regarding hearing on September 7, 2011 at 1:30pm
Issues relating to Companies' Motion for DIP Financing have been resolved. Companies' Counsel will withdraw the Motion today via CourtCall. It is not necessary for other parties to call in. Information for cancelling CourtCall appearance is attached.
- September 14, 2011 - Notice of Motion returnable September 30, 2011 at 9:30am AST
- September 14, 2011 - Affidavit of Anna Graham dated September 8, 2011
- September 20, 2011 - Affidavit of Berend Tepper dated September 20, 2011
- September 23, 2011 - Affidavit of Berend Tepper dated September 23, 2011
- September 23, 2011 - Notice of Motion and Affidavit of Berend Tepper dated September 23, 2011
- September 28, 2011 - Notice of Motion returnable September 30, 2011 at 9:30 am
- September 28, 2011 - Affidavit of Anna Graham dated September 28, 2011
- September 28, 2011 - Exhibit A to the Affidavit of Anna Graham dated September 28, 2011
- September 28, 2011 - Exhibits B through J to the Affidavit of Anna Graham dated September 28, 2011
- September 28, 2011 - Affidavit of Paul Stehelin with attached Exhibits dated September 28, 2011
- September 28, 2011 - Affidavit of Paul Stehelin with attached Exhibit dated September 28, 2011
- October 3, 2011 - Notice of Motion dated October 3, 2011 returnable October 6, 2011
- October 3, 2011 - Amended notice of motion dated October 3, 2011 returnable October 5, 2011
- October 4, 2011 - Affidavit of James Mockler dated October 4, 2011
- October 3, 2011 - Affidavit of David Boyd dated October 3, 2011
- October 13, 2011 - Affidavit of Anna Graham dated October 13, 2011
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CourtCall Appearance - Call-in instructions
Call-in instructions for the decision hearing scheduled for October 18, 2011 at 11:00 AM.
- October 17, 2011 - Affidavit of James Mockler dated October 17, 2011
- October 17, 2011 - Affidavit of Gary Faloon Q.C. dated October 17, 2011
- October 17, 2011 - Exhibits to the Affidavit of Gary Faloon Q.C. dated October 17, 2011
- October 17, 2011 - Affidavit of Rodney Gillis Q.C. dated October 17, 2011
- October 20, 2011 - Affidavit of Larry Crandall dated October 20, 2011
- October 20, 2011 - Exhibits to the affidavit of Larry Crandall dated October 20, 2011
- October 24, 2011 - Notice of Motion dated October 24, 2011 returnable October 28, 2011
- October 24, 2011 - Affidavit of Louis Boudreau dated October 24, 2011
- October 24, 2011 - Exhibit "A" to the Affidavit of Louis Boudreau dated October 24, 2011
- October 24, 2011 - Exhibit "B" to the Affidavit of Louis Boudreau dated October 24, 2011
- October 24, 2011 - Exhibit "C" to the Affidavit of Louis Boudreau dated October 24, 2011
- October 26, 2011 - Court call-in instructions
- October 27, 2011 - Affidavit of Berend Hindrek Tepper dated October 25, 2011
- October 27, 2011- Record on Motion
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October 27, 2011 - Fourth Order Extending Initial Order as Amended with blanks
Proposed order
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October 27, 2011- Fourth Order Extending Initial Order as Amended
Proposed order
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November 9, 2011 - Call in information for November 10, 2011 Court Call
Court call will be continuing November 15, 2011 at 1:30 PM
- November 24, 2011 - Motion materials for motion returnable November 28, 2011
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CourtCall Appearance - Call-in Instructions
Call-in instructions for the Motion returnable November 28, 2011 at 3:00 PM AST to be heard by conference call.
- December 12, 2011 - Affidavit of Berend Tepper
- December 12, 2011- Notice of Motion with Claims Procedure and Creditors' Meeting Order
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December 15, 2011 - Instructions re Court Call
For hearing scheduled for December 16, 2011 at 1:30 PM
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December 15, 2011 - Affidavit of Berend Tepper
Includes Substantive Consolidated Plan of Compromise and Arrangement
- December 15, 2011 - Amended Notice of Motion
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December 29, 2011 - Notice of Motion
On January 5, 2012, this motion was withdrawn and will not proceed.
- December 29, 2011 - Affidavit of Jocelyn Longpre
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit A
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit B
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit C
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit D
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit E
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit F
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit G
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit H
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit I
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit J
- December 29, 2011 - Affidavit of Jocelyn Longpre - Exhibit K
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January 27, 2012 - Letter to Clerk and Court call info
Court call information is for court call scheduled for January 30, 2012 at 2:00 PM
- February 3, 2012 - Affidavit of Berend Tepper
- February 3, 2012 - Letter to Clerk
- February 3, 2012 - Notice of Motion
- February 7, 2012 - Court call instructions for February 10, 2012
- February 7, 2012 - Amended Notice of Motion dated February 7, 2012
- February 7, 2012 - Draft Order
- March 8, 2012 - Affidavit of Berend Tepper dated March 7, 2012
- March 8, 2012 - Notice of Motion filed March 7, 2012
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List of stakeholders and interested parties
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Creditor Information
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List of Creditors as of July 12, 2011
List of creditors for Tepper Holdings Inc., Tobique Farms Ltd., Tobique Farms Operating Limited, Tobique International Inc., 637454 N.B. Ltd., New Denmark Farms Ltd., Tilley Farms Ltd. and Agri-Tepper & Sons Ltd.
- June 29, 2011 - Initial mailing to creditors
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List of Creditors as of September 12, 2011
List of Creditors for: Tepper Holdings Inc., 637454 NB Ltd., Tobique Farms Ltd., New Denmark Farms Ltd., tobique Farms Operating Limited, Tilley Farms Ltd., Tobique International Inc., Agri-Tepper & Sons Ltd.
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December 22, 2011 - Creditor Listing for all Companies as of December 22, 2011
Because this listing includes the creditors for all of the Companies, the classification of contingent versus unsecured may differ depending on the Company.
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December 23, 2011 - Creditor listing for six companies remaining in the CCAA proceedings
Listing of creditors for the following companies:
Tepper Holdings Inc., Tilley Farms Ltd., Tobique Farms Operating Limited, 637454 N.B. Ltd., Agri-Tepper & Sons Ltd., New Denmark Farms Ltd.
The creditors of Tobique Farms Ltd. and Tobique International Inc. have been removed.
This listing is subject to review and revision.
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List of Creditors as of July 12, 2011
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Statement of Actual vs Projected Cash Flows
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August 23, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to August 20, 2011
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August 31, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to August 26, 2011
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September 12, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to September 3, 2011
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October 7, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to September 10, 2011
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October 7, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to September 17, 2011
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October 7, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to September 24, 2011
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October 7, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to October 1, 2011
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October 20, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to October 8, 2011
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October 20, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to October 15, 2011
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October 22, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to October 22, 2011
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October 29, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to October 29, 2011
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November 5, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to November 5, 2011
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November 12, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to November 12, 2011
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November 19, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to November 19, 2011
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November 25, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to November 25, 2011
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December 2, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to December 2, 2011
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December 9, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to December 9, 2011
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December 16, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to December 16, 2011
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December 31, 2011 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to December 31, 2011
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January 7, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to January 7, 2012
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January 14, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to January 14, 2012
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January 21, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to January 21, 2012
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January 28, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to January 28, 2012
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February 11, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to February 11, 2012
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February 18, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to February 18, 2012
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February 25, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to February 25, 2012
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March 3, 2012 - Statement of Actual vs Projected Cash Flows
For the period June 27, 2011 to March 3, 2012
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August 23, 2011 - Statement of Actual vs Projected Cash Flows