Walter Energy Canada Holdings, Inc.

Creditor and stakeholder information

Status of Proceedings

On October 21, 2020, New Walter Energy Canada Holdings, Inc., New Walter Canadian Coal Corp., Cambrian Energybuild Holdings ULC, New Willow Creek Coal Corp., New Wolverine Coal Corp., and New Brule Coal Corp. made assignments in bankruptcy. As a result, and in accordance with the Court Order dated February 25, 2020, these CCAA proceedings have now been terminated. Below is a copy of the monitor's certificate that is filed with the Court.

Monitor's Certificate

Contact Information
KPMG Inc.
777 Dunsmuir Street
PO Box 10426
Vancouver BC V7Y 1K3
Canada

Telephone:
1-855-393-3547 (Toll free within North America)
1-416-649-7580 (Locally and Abroad)

Email: waltercanada@kpmg.ca

Fax: (604) 691-3036

Bankruptcy - New Walter Entities

Notices

Notice of Bankruptcy, First Meeting of Creditors - New Walter Energy Canada Holdings, Inc [PDF 645 KB]

Notice of Bankruptcy, First Meeting of Creditors - New Walter Canadian Coal Corp. [PDF 531 KB]

Notice of Bankruptcy, First Meeting of Creditors - Cambrian Energybuild Holdings ULC [PDF 501 KB]

Notice of Bankruptcy, First Meeting of Creditors - New Willow Creek Coal Corp. [PDF 666 KB]

Notice of Bankruptcy, First Meeting of Creditors - New Wolverine Coal Corp. [PDF 648 KB]

Notice of Bankruptcy, First Meeting of Creditors - New Brule Coal Corp. [PDF 619 KB]

First Meeting of Creditors Documents

Trustee's Preliminary Report [PDF 98 KB]

Cambrian Energybuild Holdings ULC [PDF 75 MB]

New Brule Coal Corp [PDF 74 MB]

New Walter Canadian Coal Corp [PDF 75 MB]

New Walter Energy Canada Holdings Inc [PDF 76 MB]

New Willow Creek Coal Corp [PDF 75 MB]

New Wolverine Coal Corp [PDF 75 MB]

CCAA Proceedings

KPMG Inc. (“KPMG” or the “Monitor”) was appointed as Monitor pursuant to the Initial Order issued by the Supreme Court of British Columbia (the “Court”) on December 7, 2015 in respect of the application filed by Walter Energy Canada Holdings, Inc., Walter Canadian Coal ULC, Wolverine Coal ULC, Brule Coal ULC, Cambrian Energybuild Holdings ULC (“Cambrian”), Willow Creek Coal ULC, Pine Valley Coal Ltd. and 0541237 B.C. Ltd.(collectively, the “Original Petitioners”) under the Companies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended (the "CCAA"), granting a stay of proceedings (the “Stay”) that was most recently extended to December 1, 2018. The Stay and certain other relief was also extended to Walter Canadian Coal Partnership, Wolverine Coal Partnership, Brule Coal Partnership and Willow Creek Coal Partnership (collectively with the Original Petitioners, “Old Walter Canada”).

On December 28, 2016, pursuant to orders of the Court which were granted on December 7, 2016 and December 21, 2016, as well as bankruptcy and proposal proceedings which were initiated by Old Walter Canada under the Bankruptcy and Insolvency Act (the “BIA”) during December 2016, the CCAA Proceedings in respect of all of the Old Walter Canada entities, except for Cambrian, were terminated and the CCAA Proceedings were continued with respect to Cambrian and the following new entities which were formed and became petitioners in the CCAA Proceedings on December 8, 2016 (the “New Walter Entities” which, collectively with Cambrian, are referred to herein as “Walter Canada”):

New Walter Energy Canada Holdings, Inc.;
New Walter Canadian Coal Corp.; New Brule Coal Corp.;
New Willow Creek Coal Corp.; and
New Wolverine Coal Corp.

Please refer to the Monitor’s Reports, Court Materials and other information posted below for additional information regarding the CCAA Proceedings to date.

On May 31, 2018, the Court granted an order accepting the filing of Walter Canada’s Plan of Compromise and Arrangement dated May 29, 2018 (the “Plan”) and authorizing it to call meetings of its creditors that were deemed to have occurred on June 27, 2018 and authorizing deemed votes of all of New Walter Canada’s creditors in favour of resolutions to approve the Plan.

On July 3, 2018, the Court granted an order sanctioning the Plan which required that certain conditions precedent be fulfilled prior to the Plan being implemented. On April 24, 2019, the final condition precedent was satisfied and the Plan was implemented on the same date.

The distribution to former employees of New Wolverine Coal Corp. cannot occur until Service Canada has completed its review of Employment Insurance overpayments. All required information was submitted to Service Canada on April 24, 2019. At this time, the Monitor does not have any indication on the timing of an ultimate distribution in respect of Employee Claims.

Given that the Plan contemplates the making of cash distributions to New Walter Canada’s creditors in due course, the Monitor encourages creditors to review the Claims Register dated as at May 12, 2018 that is posted below under the “Plan of Compromise and Arrangement Materials” heading (and attached to the Eighteenth Report of the Monitor) and contact the Monitor at the coordinates listed below to advise of any errors or changes in their contact details as any notices and cash distributions shall be sent to the addresses listed on the Claims Register.

Monitor's Reports

Pre-filing Report of the Proposed Monitor - Dec 6 2015 [PDF 925 KB] - 12/6/2015

First Report of the Monitor - December 31 2015 [PDF 1280 KB] - 12/31/2015

Second Report of the Monitor – March 24 2016 [PDF 1310 KB] - 3/24/2016

Third Report of the Monitor - June 22 2016 [PDF 813 KB] - 6/22/2016

Fourth Report of the Monitor - August 11 2016 [PDF 899 KB] - 8/11/2016

Monitor's Certificate - September 9 2016 [PDF 443 KB] - 09/09/2016

Fifth Report of the Monitor - October 20 2016 [PDF 577 KB] - 10/20/2016

Fifth Report of the Monitor - Completed Appendices - October 20 2016 [PDF 9 MB] - 10/20/2016

Sixth Report of the Monitor - December 5, 2016 [PDF 779 KB] - 12/05/2016

Seventh Report of the Monitor - December 11, 2016 [PDF 709 KB] - 12/11/2016

Eighth Report of the Monitor - January 12 2017 [PDF 1.4 MB] - 1/12/2017

Ninth Report of the Monitor - March 10, 2017 [PDF 682 KB] - 3/10/2017

Tenth Report of the Monitor - May 25, 2017 [PDF 3.8 MB] - 5/25/2017

Eleventh Report of the Monitor - July 4, 2017 [PDF 2.4 MB] - 7/4/2017

Twelfth Report of the Monitor - August 11, 2017 [PDF 1.4 MB] - 8/11/2017

Thirteenth Report of the Monitor - October 4, 2017 [PDF 2 MB] - 10/04/2017

Fourteenth Report of the Monitor [PDF 486 KB] - 12/8/2017

Sixteenth Report of the Monitor [PDF 214 KB] - 2/23/2018

Supplement to the Sixteenth Report of the Monitor [PDF 1.5 MB] - 2/26/2018

Seventeenth Report of the Monitor [PDF 1023 KB] - 4/5/2018

Eighteenth Report of the Monitor [PDF 437 KB] - 5/29/2018

Nineteenth Report of the Monitor [PDF 5.3 MB] - 6/27/2018

Twentieth Report of the Monitor [PDF 262 KB] - 11/2/2018

Twenty-First Report of the Monitor [PDF 811.3 KB] - 2/20/2019

Twenty-Second Report of the Monitor [PDF 421 KB] - 4/29/2019

Twenty-Third Report of the Monitor [PDF 710 KB] - 8/8/2019

Amended Cash Flow Forecast to November 30, 2019 [PDF 134 KB] - 8/9/2019

Twenty-Fourth Report of the Monitor [PDF 631 KB] - 11/14/2019

Twenty-Fifth Report of the Monitor [PDF 680 KB] - 2020-02-24

Plan of Compromise and Arrangement Materials

Notice of Application returnable May 31, 2018 [PDF 1.6 MB] - 5/25/2018

Twenty-Second Affidavit of William E. Aziz, sworn May 29, 2018 (includes the CCAA Plan) [PDF 4 MB] - 5/30/2018

Plan of Compromise and Arrangement (Extracted from the 22nd Aziz Affidavit) [PDF 3 MB] - 5/30/2018

Claims Register as at May 18, 2018 [PDF 262 KB] - 5/18/2018

Order of Mdm. Justice Fitzpatrick (Meeting Order) made May 31, 2018 [PDF 844 KB] - 5/31/2018

Notice of Affected Creditors' Meeting [PDF 26 KB] - 5/31/2018

Notice of the Deemed Interest Claim Meeting [PDF 18 KB] - 5/31/2018

Newspaper Notice of Affected Creditors' Meeting [PDF 26 KB] - 6/4/2018

Amended and Restated Plan of Compromise and Arrangement [PDF 276 KB] - 6/22/2018

Amended and Restated Plan of Compromise and Arrangement [with changes shown] [PDF 483 KB] - 6/22/2018

Notice of Application returnable July 3, 2018 [PDF 4.4 MB] - 6/26/2018

Twenty-Third Affidavit of William E. Aziz, sworn June 26, 2018 [PDF 2.3 MB] - 6/27/2018

Order of Mdm. Justice Fitzpatrick (Sanction Order) made July 3, 2018 [PDF 3.5 MB] - 7/3/2018

Judge Fitzpatrick re Walter Energy Canada Holdings Inc. Reasons for Judgment [PDF 232 KB] - 7/9/2018

Unresolved Restructuring Claims Process

Order of Mdm. Justice Fitzpatrick (Claims Process Amendment Order) made August 15, 2017 [PDF 705 KB] - 8/15/2017

Newspaper Notice [PDF 21 KB] - 8/15/2017

Instruction Letter [PDF 21 KB] - 8/15/2017

Proof of Claim [PDF 26 KB] - 8/15/2017

Notice to Creditors

Notice to Creditors [PDF 79 KB] - 12/11/2015

List of Creditors [PDF 236 KB] - 12/11/2015

Claims Process

Order of Mdm. Justice Fitzpatrick (Claims Process Order) made August 16 2016 [PDF 1.7 MB] - 8/16/2016

Instruction Form [PDF 28 KB] - 8/22/2016

Proof of Claim Form [PDF 19 KB] - 8/22/2016

Notice of Dispute Form [PDF 21 KB] - 8/22/2016

Service List

Service List (as of November 5, 2019) [PDF 89 KB] - 05/17/2019

Court Orders

Order of Mdm. Justice Fitzpatrick (Initial Order) made Dec. 7, 2015 [PDF 1371 KB] - 12/7/2015

Order of Mdm. Justice Fitzpatrick (sealing order) made Jan 5, 2016 re the Third Affidavit of William G. Harvey [PDF 127 KB] - 1/5/2016

Order of Mdm. Justice Fitzpatrick made Jan. 5, 2016 [PDF 1597 KB] - 1/5/2016

Order of Mdm. Justice Fitzpatrick made March. 30 2016 [PDF 185 KB] - 3/30/2016

Order of Mdm. Justice Fitzpatrick made June 24 2016 [PDF 153 KB] - 6/24/2016

Order of Mdm. Justice Fitzpatrick (sealing order) made August 15 2016 [PDF 113 KB] - 8/15/2016

Order of Mdm. Justice Fitzpatrick (Stay Extension Order) made August 16 2016 [PDF 166 KB] - 8/16/2016

Order of Mdm. Justice Fitzpatrick (Approval and Vesting Order) made August 16 2016 [PDF 829 KB] - 8/16/2016

Case Plan Order made October 26, 2016 [PDF 123 KB] - 10/26/2016

Order of Mdm. Justice Fitzpatrick (CCAA Procedure Order) made Dec. 7, 2016 [PDF 320 KB] - 12/7/2016

Order of Mdm. Justice Fitzpatrick (Sealing Order re Confidential Supp. Report to Sixth Report of the Monitor) made Dec. 7, 2016 [PDF 112 KB] - 12/7/2016

Order of Mdm. Justice Fitzpatrick (Amendment to Procedure Order) made Dec. 12, 2016 [PDF 140 KB] - 12/12/2016

Order of Mdm. Justice Fitzpatrick (Amending Order re Schedule B) made Dec. 12, 2016 [PDF 93 KB] - 12/12/2016

Order of Mdm. Justice Fitzpatrick made Dec. 21, 2016 [PDF 2 MB] - 12/21/2016

Order of Mdm. Justice Fitzpatrick (Stay Extension Order) made Jan 17, 2017 [PDF 122 KB] - 1/17/2017

Order of Mdm. Justice Fitzpatrick made Mar. 13, 2017 [PDF 15 KB] - 3/13/2017

Order of Madam Justice Fitzpatrick (1974 Plan Order) made May 1, 2017 [PDF 189 KB] - 6/22/2017

Order of Mdm. Justice Fitzpatrick (Stay Extension Order) made May 30, 2017 [PDF 185 KB] - 6/15/2017

Order of Mdm. Justice Kirkpatrick (Expedited Appeal) made June 9, 2017 [PDF 96 KB] - 6/9/2017

Order of Mdm. Justice Fitzpatrick (Approval and Vesting Order) made July 11, 2017 [PDF 369 KB] - 7/11/2017

Order of Mdm. Justice Fitzpatrick (Sealing Order) made July 11, 2017 [PDF 140 KB] - 7/11/2017

Order of Mdm. Justice Fitzpatrick (Term Sheet and Stay Extension) made October 6, 2017 [PDF 1013 KB] - 10/6/2017

Order of Mdm. Justice Fitzpatrick (Stay Extension and Energybuild Order) made December 13, 2017 [PDF 636 KB] - 12/13/2017

Order of Mdm. Justice Fitzpatrick (James Claim Confidentiality Order) made December 13, 2017 [PDF 256 KB] - 12/13/2017

Order of Mdm. Justice Fitzpatrick (Sealing Order - Aziz Affidavit #17) made December 13, 2017 [PDF 224 KB] - 12/13/2017

Order of Mdm. Fitzpatrick (Stay Extension) made February 27, 2018 [PDF 821 KB] - 2/27/2018

Order of Mdm. Fitzpatrick (Sealing Order) made February 27, 2018 [PDF 640 KB] - 2/27/2018

Order of Mdm. Fitzpatrick (Energybuild Sale Approval) made February 27, 2018 [PDF 1.8 MB] - 2/27/2018

Order of Mdm. Fitzpatrick (Stay Extension) made April 10, 2018 [PDF 1.4 MB] - 4/10/2018

Order of Mdm. Fitzpatrick (Approving Costs) made July 3, 2018 [PDF 1.6 MB] - 7/3/2018

Order of Mdm. Justice Fitzpatrick (Stay Extension Order) made November 7 2018 [PDF 112 KB] - 11/7/2018

Order of Mdm. Justice Fitzpatrick (Stay Extension and James Claim Schedule) made February 25, 2019 [PDF 112 KB] - 3/6/2019

Order of Mdm. Justice Fitzpatrick (Stay Extension) made May 1, 2019 [PDF 126 KB] - 5/1/2019

Order of Mdm. Justice Fitzpatrick (Stay Extension) made August 13, 2019 [PDF 127 KB] - 8/14/2019

Order of Mdm. Justice Fitzpatrick (Stay Extension) made November 22, 2019 [PDF 146 KB] - 11/22/2019

Order of Mdm. Justice Fitzpatrick (Stay Extension, Discharge and CCAA Termination) made February 25, 2020 [PDF 364 KB] - 02/25/2020

Order of Mdm. Fitzpatrick (Approving Costs) made March 6, 2020 [PDF 144 KB] - 2020-03-06

Court Materials

Petition Record Cover and Index [PDF 55 KB] - 12/7/2015

Notice of Hearing of Petition [PDF 140 KB] - 12/6/2015

Petition without Schedule C [PDF 834 KB] - 12/7/2015

First Affidavit of William G Harvey Sworn December 4 2015 including Exh [PDF 1192 KB] - 12/7/2015

Blackline of Proposed Initial Order against Model Initial Order [PDF 405 KB] 12/7/2015

Proposed Initial Order [PDF 120.9 KB] - 12/7/2015

Exhibits to the First Affidavit of William G Harvey

Exhibit B to the First Affidavit [PDF 339 KB] - 12/7/2015

Exhibits C-E to the First Affidavit [PDF 953 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2011 Part 1 [PDF 8005 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2012 Part 2 [PDF 5514 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2013 Part 3 [PDF 7030 KB] - 12/7/2015

Exhibit F - British Columbia Coal Industry Overview 2014 Part 4 [PDF 6671 KB] - 12/7/2015

Exhibits G-J to the First Affidavit [PDF 1.2 MB] - 12/7/2015

Exhibit K Part 1 to the First Affidavit [PDF 6216 KB] - 12/7/2015

Exhibit K Part 2 to the First Affidavit [PDF 22153 KB] - 12/7/2015

Exhibit L to the First Affidavit [PDF 399 KB] - 12/7/2015

Exhibit M First Part to the First Affidavit [PDF 39875 KB] - 12/7/2015

Exhibit M Second Part to the First Affidavit [PDF 4080 KB] - 12/7/2015

Exhibits N-P to the First Affidavit [PDF 1272 KB] - 12/7/2015

Blackline of Revised Stay Extension Order Jan 5, 2015 [PDF 152 KB] - 1/5/2016

Second Affidavit of William G Harvey sworn December 31 2015 including ex [PDF 4146 KB] - 1/5/2016

Application Record Index Jan 5th Hearing [PDF 27 KB] - 1/4/2016

Notice of Application returnable Jan 5 2016 [PDF 1949 KB] - 12/31/2015

Blackline of Walter Stay Extension Order against Served Stay Extension Order [PDF 195 KB] - 12/31/2015

First Affidavit of Randy Gatzka Sworn December 24 2015 [PDF 6731 KB] - 1/4/2016

First Affidavit of M. Domínguez Sworn Jan 4 2016 [PDF 4374 KB] - 1/4/2016

First Affidavit of Susan Wood Sworn Jan 6 2016 [PDF 630 KB] - 1/7/2016

Response of United Steelworkers, Local 1-424 filed Jan 4 2016 [PDF 359 KB] - 1/4/2016

Response of 1974 Plan Jan 4 2016 [PDF 696 KB] - 1/5/2016

Justice Fitzpatrick re Walter Energy Canada Holdings Inc Reasons for Judgment [PDF 303 KB] - 1/26/2016

Application Record Index March 30 2016 Hearing [PDF 24 KB] - 3/24/2016

Notice of Application returnable March 30, 2016 [PDF 620 KB] - 3/22/2016

First Affidavit of William E Aziz Sworn March 22 2016 [PDF 1093 KB] - 3/22/2016

Second Affidavit of M.Domínguez Sworn March 29 2016 [PDF 5522 KB] - 3/29/2016

Response of the 1974 Plan March 29 2016 [PDF 195 KB] - 3/29/2016

Application Record Index June 24th Hearing [PDF 29 KB] - 6/24/2016

Pleadings Binder Index [PDF 32 KB] - 6/22/2016

Notice of Application returnable June 24 2016 [PDF 522 KB] - 6/17/2016

Second Affidavit of William E Aziz Sworn June 17 2016 [PDF 2.1 MB] - 6/17/2016

First Affidavit of Daniel Will Sworn June 22 2016 [PDF 335 KB] - 6/22/2016

Response of the United Steelworkers, Local 1-424 June 22 2016 [PDF 368 KB] - 6/22/2016

Application Record Index August 15th Hearing [PDF 37 KB] - 8/12/2016

Notice of Application returnable August 15 2016 [PDF 2.7 MB] - 8/09/2016

Third Affidavit of William E Aziz Sworn August 9 2016 [PDF 6.7 MB] - 8/09/2016

Response of the 1974 Plan August 11 2016 [PDF 654 KB] - 8/11/2016

Response of Kevin James August 12 2016 [PDF 65 KB] - 8/12/2016

First Affidavit of Kevin James Part #1 August 12 2016 [PDF 4.5 MB] - 8/12/2016

First Affidavit of Kevin James Part #2 August 12 2016 [PDF 2.5 MB] - 8/12/2016

First Affidavit of Tijana Gavric August 13 2016 [PDF 403 KB] - 8/13/2016

1974 Plan Notice of Civil Claim August 26 2016 [PDF 2.7 MB] - 8/26/2016

Response to 1974 Plan Notice of Civil Claim September 23 2016 [PDF 1 MB] - 09/23/2016

The Monitor's Response to 1974 Plan Notice of Civil Claim September 26 2016 [PDF 847 KB] - 09/26/2016

Response of the United Steelworkers, Local 1-424 to the 1974 Plan Notice of Civil Claim filed [PDF 783 KB] - 09/26/2016

1974 Plan Response to the USW, Local 1-424 Response to Notice of Civil Claim [PDF 543 KB] - 10/5/2016

Notice of Application returnable October 26, 2016 [PDF 2.8 MB] - 10/21/2016

Application Record Index October 26 2016 Hearing [PDF 129 KB] - 10/24/2016

1974 Plan Amended Notice of Civil Claim previously filed August 26 [PDF 3.4 MB] - 11/09/2016

Amended Response to 1974 Plan Notice of Civil Claim previously filed September 23 2016 [PDF 342 KB] - 11/10/2016

Amended Response of United Steelworkers, Local 1-424 to 1974 Plan Notice of Civil Claim previously filed September 26 2016 [PDF 279 KB] - 11/16/2016

Service letter dated Nov. 14, 2016 [PDF 130 KB] - 11/15/2016

Notice of Application dated Nov. 14, 2016 [PDF 1.3 MB] - 11/15/2016

Notice to Admit dated Nov. 14, 2016 [PDF 358 KB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 1) - [PDF 2.3 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 2) - [PDF 4.6 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 3) - [PDF 8 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 4) - [PDF 1.1 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 5) - [PDF 4.9 MB] - 11/15/2016

Walter Canada Group - Book of Evidence (Vol. 6) - [PDF 854 KB] - 11/15/2016

Notice of Address United Steelworkers, Local 1-424 [PDF 205 KB] - 11/16/2016

Application Record Index November 28 2016 Hearing [PDF 17 KB] - 11/23/2016

Notice of Application of the 1974 Plan returnable November 28 2016 [PDF 1023 KB] - 11/23/2016

Third Affidavit of M. Dominguez Sworn Nov 23. 2016 [PDF 2.7 MB] - 11/23/2016

Amended Application Record Index November 28 Hearing [PDF 23 KB] - 11/25/2016

First Affidavit of Dale Stover November 29, 2016 [PDF 7.2 MB] - 11/29/2016

1974 Plan Application Response November 24 2016 [PDF 899 KB] - 11/24/2016

Fourth Affidavit of M. Dominguez November 24, 2016 [PDF 9.7 MB] - 11/24/2016

Expert Report of Judith Mazo November 24 2016 [PDF 1.3 MB] - 11/24/2016

Response of the United Steelworkers, Local 1-424 to the Nov. 14 Notice of Application [PDF 370 KB] - 11/24/2016

Pleadings Index of Mdm. Justice Fitzpatrick Nov 24. 2016 [PDF 42 KB] - 11/24/2016

First Affidavit of S. Danielisz Sworn Nov 27. 2016 [PDF 774 KB] - 11/27/2016

Response of the Applicant to the 1974 Plan's Notice of Application [PDF 671 KB] - 11/27/2016

1974 Plan Response to Notice to Admit [PDF 407 KB] - 11/27/2016

Fifth Affidavit of M. Dominguez Sworn Nov 28 2016 [PDF 1.4 MB] - 11/28/2016

Response of the United Steelworkers, Local 1-424 to the 1974 Plan's Notice of Application [PDF 339 KB] - 11/30/2016

Pleadings Index of Mdm. Justice Fitzpatrick December 1. 2016 [PDF 46 KB] -12/01/2016

Revised November 28 Hearing Application Record Index [PDF 11 KB] - 12/01/2016

Expert Report of Allan L. Gropper December 1 2016 [PDF 1.8 MB] - 12/01/2016

Book of Authorities re Expert Report of Allan Gropper- Part 1 [PDF 12.1 MB] - 12/01/2016

Book of Authorities re Expert Report of Allan Gropper - Part 2 [PDF 7.7 MB] - 12/01/2016

Sixth Affidavit of M. Dominguez Sworn Dec 2 2016 [PDF 2.4 MB] - 12/02/2016

Notice of Application of the 1974 Plan returnable January 9 2017 [PDF 977 KB] - 12/02/2016

Fifth Affidavit of William E. Aziz Sworn December 2 2016 [PDF 3 MB] - 12/02/2016

Notice of Application returnable Dec. 7 2016 [PDF 3.2 MB] - 12/02/2016

Sixth Affidavit of William E. Aziz Sworn December 2 2016 [PDF 3.3 MB] - 12/02/2016

Application Record Index December 7 2016 Hearing [PDF 25 KB] - 12/06/2016

Application Response of the USW, Local 1-424 to the 1974 Plan NOA returnable Jan. 9 [PDF 289 KB] - 12/09/2016

Application Response of Walter Canada Group to the 1974 Plan NOA returnable Jan. 9 [PDF 285 KB] - 12/09/2016

Seventh Affidavit of William E. Aziz Sworn December 11 2016 [PDF 4.7 MB] - 12/11/2016

Notice of Application of the Walter Canada Group (Amendments to Transaction) [PDF 2.1 MB] - 12/11/2016

Requisition for counsel to appear by phone at Dec 12 2016 hearing [PDF 54 KB] - 12/11/2016

Application Record Index December 12 2016 Hearing [PDF 26 KB] - 12/12/2016

Blackline of Proposed Order Made After Application - Dec. 12, 2016 [PDF 171 KB] - 12/12/2016

Walter Canada Group's Summary Hearing Written Submissions - Dec. 12, 2016 [PDF 5.9 MB] - 12/12/2016

Walter Canada Summary Hearing Written Submissions - Book of Authorities Volume 1-A [PDF 10.5 MB] - 12/12/2016

Walter Canada Summary Hearing Written Submissions - Book of Authorities Volume 1-B [PDF 11.5 MB] - 12/12/2016

Walter Canada Summary Hearing Written Submissions - Book of Authorities Volume 2-A [PDF 7.5 MB] - 12/12/2016

Walter Canada Summary Hearing Written Submissions - Book of Authorities Volume 2-B [PDF 9 MB] - 12/12/2016

First Affidavit of J. Mazo Sworn December 12 2016 [PDF 2.6 MB] - 12/12/2016

Book of Authorities re Expert Report of Judith Mazo [PDF 25.7 MB] - 12/16/2016

Revised Walter Canada Group - Book of Evidence (Vol. 1) [PDF 4.2 MB] - 12/20/2016

Second Affidavit of S. Danielisz Sworn Dec. 8, 2016 (without documents attached to Notice to Admit) [PDF 818 KB] - 12/20/2016

1974 Plan Letter re Index Book of Additional Evidence [PDF 546 KB] - 12/20/2016

Notice of Application returnable Dec 21, 2016 [PDF 2.2 MB] - 12/20/2016

Eighth Affidavit of William E. Aziz Sworn Dec 20, 2016 [PDF 793 KB] - 12/20/2016

Seventh Affidavit of M. Dominguez Sworn Dec. 20, 2016 [PDF 2.1 MB] - 12/20/2016

Letter regarding Book of Evidence Vol IA [PDF 25 KB] - 12/22/2016

Walter Canada Group Book of Evidence (Vol. IA) [PDF 923 KB] - 12/22/2016

Notice of Application for Leave to Appeal (UMWA) [PDF 816 KB] - 12/23/2016

Notice of Motion for Leave to Appeal (UMWA) [PDF 607 KB] - 12/23/2016

1974 Plan List of Documents [PDF 652 KB] - 12/23/2016

Monitor's Certificate [PDF 355 KB] - 12/28/2016

Eighth Affidavit of M. Dominguez Sworn Dec. 30, 2016 [PDF 2.1 MB] - 12/30/2016

1974 Plan Final Written Submissions [PDF 6 MB] - 12/30/2016

1974 Plan Written Submissions - Book of Authorities Volume I (Tabs 1-31) [PDF 8.1 MB] - 12/30/2016

1974 Plan Written Submissions - Book of Authorities Volume II (Tabs 32-67) [PDF 12.6 MB] - 12/30/2016

1974 Plan Written Submissions - Book of Authorities Volume III (Tabs 68-119) [PDF 33.4 MB] - 12/30/2016

Notice of Appearance of Walter Energy Canada Holdings [PDF 72 KB] - 12/28/2016

Requisition (re two more days for summary trial hearing) [PDF 349 KB] - 1/4/2017

Letter to Trial Scheduling re Summary Trial Material Index [PDF 33 KB] - 1/4/2017

Summary Trial Material Index [PDF 53 KB] - 1/4/2017

Notice of Appearance of the USW, Local 1-424 [PDF 878 KB] - 1/4/2017

Walter Canada Group - Reply Summary Hearing Written Submissions [PDF 727 KB] - 1/5/2017

Walter Canada Reply Brief of Authorities - Summary Hearing [PDF 3 MB] - 1/5/2017

1974 Plan Reply Submissions (re Rule 9-7(11) Application) [PDF 688 KB] - 1/6/2017

1974 Plan Book of Authorities (Reply Submissions) [PDF 677 KB] - 1/6/2017

Notice of Application returnable Jan 16, 2017 [PDF 941 KB] - 1/12/2017

Ninth Affidavit of William E. Aziz Sworn Jan 12, 2017 [PDF 384 KB] - 1/12/2017

Justice Fitzpatrick re Walter Energy Canada Holdings, Inc. Reasons for Judgment [PDF 289 KB] - 1/12/2017

Application Record Index January 16 2017 Hearing [PDF 29 KB] - 1/13/2017

Notice of Application of KPMG, dated March 9, 2017 [PDF 3.3 MB] - 3/10/2017

Affidavit #1 of Lori Viner, made March 9, 2017 [PDF 2.5 MB] - 3/10/2017

Application Record Index for March 13, 2017 [PDF 203 KB] - 3/10/2017

Second Monitor's Certificate [PDF 561 KB] - 3/17/2017

Filed Notice of Appointment or Change of Lawyer [PDF 378 KB] - 4/5/2017

Reasons for Judgment [PDF 601 KB] - 5/1/2017

Notice of Application of the Walter Canada Group [PDF 1.5 MB] - 5/18/2017

Tenth Affidavit of William E. Aziz Sworn May 18, 2017 [PDF 1.1 MB] - 5/18/2017

1974 Pension Plan's Notice of Application for Leave to Appeal [PDF 810 KB] - 5/19/2017

1974 Pension Plan's Notice of Motion for Leave to Appeal, returnable June 9, 2017 [PDF 693 KB] - 5/23/2017

Motion Book of the 1974 Pension Plan for Leave to Appeal and for a Stay of Proceedings or Execution [PDF 18.1 MB] - 5/25/2017

Notice of Appearance filed on behalf of KPMG Inc. [PDF 223 KB] - 5/26/2017

Notice of Application by the 1974 Pension Plan [PDF 874 KB] - 5/30/2017

Notice of Appearance of the Respondents [PDF 41 KB] - 5/31/2017

Reply Book of the Respondents [PDF 19.8 MB] - 6/1/2017

Book of Authorities of the Respondents [PDF 7.8 MB] - 6/1/2017

Application Response of the Petitioners [PDF 307 KB] - 6/6/2017

Appeal Record of the United Mine Workers of America 1974 Pension Plan and Trust [PDF 6.2 MB] - 6/16/2017

Notice of Application of the New Walter Canada Group, returnable July 11, 2017 [PDF 1.1 MB] - 6/28/2017

Eleventh Affidavit of William Aziz sworn June 27, 2017 [PDF 4.4 MB] - 6/29/2017

Factum of the Appellant, 1974 Pension Plan [PDF 743 KB] - 7/6/2017

Respondents' Appeal Book [PDF 7.8 MB] - 7/27/2017

Factum of the Respondent, Walter Canada Group [PDF 2.6 MB] - 7/27/2017

Book of Authorities of the Respondent Walter Canada Group (Volume 1 of 3) [PDF 23.4 MB] - 7/28/2017

Book of Authorities of the Respondent Walter Canada Group (Volume 2 of 3) [PDF 23.1 MB] - 7/28/2017

Book of Authorities of the Respondent Walter Canada Group (Volume 3 of 3) [PDF 14.6 MB] - 7/28/2017

Joint Notice of Application of the United Steelworkers, Local 1-424 and the 1974 Plan [PDF 502 KB] - 7/31/2017

Affidavit No. 2 of Randy Gatzka, made July 31, 2017 [PDF 150 KB] - 7/31/2017

Reply of Appellant filed August 2, 2017 [PDF 371 KB] - 8/2/2017

Book of Authorities of Appellant – July 13, 2017

Cover & Index [PDF 49 KB] - 7/13/2017

Tab 1 Cominco Ltd. v. Westinghouse Canada Limited (1979), 11 BCLR 142 (CA) [PDF 2.6 MB] - 7/13/2017

Tab 2 Fasken Martineau DuMoulin LLP v British Columbia [PDF 231KB] - 7/13/2017

Tab 3 Imperial Life Assurance Co. of Canada v Colmenares [PDF 828 KB] - 7/13/2017

Tab 4 International Assn. of Science & Technology for Development v Hamza [PDF 839 KB] - 7/13/2017

Tab 5 JTI-Macdonald Corp. v AGBC [PDF 508 KB] - 7/13/2017

Tab 6 Minera Aquiline Argentina SA v IMA Exploration Inc. and Inversiones Mineras Argentinas S.A. [PDF 347 KB] - 7/13/2017

Tab 7 Raiffeisen Zentralbank Osterreich v Five Star General Trading [PDF 2 MB] - 7/13/2017

Tab 8 Reference re Upper Churchill Water Rights Reversion Act [PDF 5.6 MB] - 7/13/2017

Tab 9 London Steam Ship Owners v Kingdom of Spain [PDF 2.8 MB] - 7/13/2017

Tab 10 Through Transport Mutual Insurance Association v. New India Assurance Co. Ltd. [PDF 2.9 MB] - 7/13/2017

Tab 11 Youell v Kara Mara Shipping Company Ltd [PDF 339 KB] - 7/13/2017

Tab 12 Business Corporations Act. [PDF 72 KB] - 7/13/2017

Tab 13 ERISA [PDF 251 KB] - 7/13/2017

Tab 14 Partnership Act [PDF 46 KB] - 7/13/2017

Tab 15 Dicey [PDF 443 KB] - 7/13/2017

Tab 16 Panagopoulos [PDF 118 KB] - 7/13/2017

Tab 17 Castel & Walker [PDF 786 KB] - 7/13/2017

Tab 18 Pitel & Rafferty [PDF 681 KB] - 7/13/2017

Tab 19 Yeo [PDF 111 KB] - 7/13/2017

Supplemental Book of Authorities of 1974 Plan [PDF 3.5 MB] - 8/4/2017

Monitor's Certificate Dated August 4, 2017 [PDF 425 KB] - 8/4/2017

Application Response of the Petitioner, the New Walter Canada Group [PDF 488 KB] - 8/11/2017

Thirteenth Affidavit of William E. Aziz, sworn August 11, 2017 [PDF 1.4 MB] - 8/11/2017

Notice of Application of the New Walter Canada Group [PDF 1.3 MB] - 8/11/2017

Fourteenth Affidavit of William E. Aziz, sworn August 11, 2017 [PDF 270 KB] - 8/11/2017

Joint Application Record Index [PDF 58 KB] - 8/11/2017

Requisition - Application of New Walter Canada Date Change to August 15, 2017 [PDF 50 KB] - 8/14/2017

Title Page and Index of the Application Record of New Walter Canada [PDF 87 KB] - 8/14/2017

Application Response of Kevin James [PDF 394 KB] - 8/14/2017

Notice of Application of the New Walter Canada Group, returnable October 6, 2017 [PDF 868 KB] - 10/03/2017

Fifteenth Affidavit of William E. Aziz, sworn October 3, 2017 [PDF 1.1 MB] - 10/03/2017

Notice of Application of Kevin James filed October 6, 2017 [PDF 1.1 MB] - 10/06/2017

Affidavit #2 of Kevin James made January 25, 2017, Part 1 [PDF 2.5 MB] - 10/06/2017

Affidavit #2 of Kevin James made January 25, 2017, Part 2 [PDF 2.9 MB] - 10/06/2017

Affidavit #1 of David Austin made February 27, 2017 [PDF 1.2 MB] - 10/06/2017

Affidavit #1 of Michael Sileika made October 6, 2017 [PDF 5.4 MB] - 10/06/2017

Reasons for Judgment of Mdm. Justice Fitzpatrick [PDF 363 KB] - 11/01/2017

Application Response of the Petitioners to the Notice of Application of Mr. Kevin James [PDF 1.1 MB] - 11/03/2017

Notice of Application of the New Walter Canada Group, returnable December 13, 2017 [PDF 921 KB] - 12/07/2017

Sixteenth Affidavit of William E. Aziz, sworn December 7, 2017 [PDF 3.7 MB] - 12/07/2017

Eighteenth Affidavit of William E. Aziz sworn Februry 21, 2018 [PDF 268 KB] - 2/22/2018

Notice of Application of the New Walter Canada Group, returnable February 27, 2018 [PDF 779 KB] - 2/22/2018

Nineteenth Affidavit of William E. Aziz, sworn February 24, 2018 [PDF 2 MB] - 2/26/2018

Notice of Application of the New Walter Canada Group re SSA Approval Order, returnable February 27, 2018 [PDF 571 KB] - 2/26/2018

Application Response of United Steel Workers [PDF 71 KB] - 2/26/2018

Second Affidavit of Dan Will Sworn February 13, 2018 [PDF 183 KB] - 2/26/2018

Monitor's Certificate re. Energybuild Sale [PDF 714 KB] - 3/15/2018

Twenty-first Affidavit of William E. Aziz, sworn April 3, 2018 [PDF 795 KB] - 4/4/2018

Notice of Application of the New Walter Canada Group, returnable April 10, 2018 [PDF 862 KB] - 4/4/2018

Notice of Application of KPMG, returnable July 3, 2018 [PDF 8.3 MB] - 06/27/2018

Application Record Index July 3rd Hearing [PDF 295 KB] - 6/27/2018

Title Page and Index of the Application Record of New Walter Canada [PDF 86 KB] - 6/28/2018

Notice of Application of the New Walter Canada Group, returnable November 7, 2018 [PDF 772 KB] - 11/1/2018

Twenty-fourth Affidavit of William E. Aziz, sworn November 1, 2018 (unfiled) [PDF 963 KB] - 11/1/2018

Notice of Application of the New Walter Canada Group, returnable February 25, 2019 [PDF 197.6 KB] - 2/21/2019

Twenty-fifth Affidavit of William E. Aziz, sworn February 20, 2019 [PDF 634.5 KB] - of 2/21/2019

Notice of Application of the New Walter Canada Group, returnable May 1, 2019 [PDF 173 KB] - 4/29/2019

Twenty-Sixth Affidavit of William E. Aziz, sworn April 25, 2019 [PDF 364 KB] - 4/29/2019

Notice of Application of New Walter Canada Group re James Claim Procedure, returnable May 17, 2019 [PDF 1 MB] - 5/15/2019

Twenty-Seventh Affidavit of William E. Aziz, sworn May 10, 2019 [PDF 11 MB] - 5/15/2019

First Affidavit of Vanessa Scelsa sworn July 4, 2019 [PDF 333 KB] - 7/08/2019

Requisition for new application date of July 10, 2019 [PDF 51 KB] - 7/08/2019

Title Page and Index of the Application Record of New Walter Canada [PDF 131 KB] - 7/08/2019

Notice of Application of the New Walter Canada Group, returnable August 13, 2019 [PDF 748 KB] - 8/8/2019

Twenty-Eighth Affidavit of William E. Aziz, sworn August 8, 2019 [PDF 395 KB] - 8/8/2019

Twenty-Ninth Affidavit of William E. Aziz, sworn November 12, 2019 [PDF 344 KB] - 11/12/2019

Notice of Application of the New Walter Canada Group, returnable November 22, 2019 [PDF 793 KB] - 11/22/2019

Title Page and Index of the Application Record of New Walter Canada [PDF 92 KB] - 11/19/2019

Notice of Application of New Walter Canada Group, returnable Feb 25, 2020 [PDF 498KB] - 2020/14/02

Thirtieth Affidavit of William E. Aziz, sworn February 12, 2020 [PDF 616KB] - 2020/14/02

Book of Authorities of New Walter Canada Group for February 25, 2020 hearing [PDF 3.6 MB] - 2020-02-25

Title Page and Index of the Application Record of New Walter Canada [PDF 85 KB] - 2020-02-25

First Affidavit of Anamika Gadia, sworn February 24, 2020 [PDF 4.5 MB] - 2/24/2020

First Affidavit of Vicki Tickle, sworn February 19, 2020 [PDF 3 MB] - 2/20/2020

Notice of Application of KPMG Inc., returnable February 25, 2020 [PDF 695 KB] - 2/20/2020

Title Page and Index of the Application Record of KPMG Inc [PDF 128 KB] - 2/20/2020

BIA PROCEEDINGS

As noted above, Old Walter Canada entered into and completed the Restructuring Transaction, which generated approximately $17 million of additional cash for Old Walter Canada’s creditors and other stakeholders. The Restructuring Transaction was approved by Order of the Court on December 7, 2016 and closed on December 29, 2016.

In order to effect the completion of the Restructuring Transaction, eleven of the Old Walter Canada entities each filed a voluntary assignment in bankruptcy pursuant to the BIA on December 15, 2016 and KPMG Inc. was appointed trustee (the “Bankruptcy Trustee”) of each estate.

On December 16, 2016, the Bankruptcy Trustee applied to the Court for an order to, amongst other things, procedurally consolidate the administration of the eleven estates including holding one consolidated first meeting of creditors for all eleven estates (the “First Meeting of Creditors”). A copy of the order is posted below.

The First Meeting of Creditors was held on December 19, 2016 and, immediately following the First Meeting of Creditors, the Bankruptcy Trustee filed a proposal (the “Joint Proposal”) to the creditors of Old Walter Canada pursuant to the BIA on December 19, 2016. A copy of the Joint Proposal is posted below.

The Meeting of Creditors to vote on the Joint Proposal was held on December 19, 2016, at which the creditors approved the Joint Proposal. The application for Court approval of the Joint Proposal was heard on December 21, 2016, and the Joint Proposal was sanctioned and approved by the Court on that date pursuant to the Proposal Sanction Order, a copy of which is posted below.

Please note that all allowed claims filed against Old Walter Canada under the CCAA Proceedings have been transferred to the applicable members of the New Walter Group and will be dealt with under the CCAA Proceedings.

Please see below for applicable Notices and other documents in respect of the bankruptcy and proposal proceedings.

Notice Dated December 11, 2016 Re: BIA Proceedings

KPMG Enclosure Letter December 11 2016 [PDF 77 KB] - 12/11/2016

A - Order made Dec 7 2016 [PDF 360 KB] - 12/11/2016

B - Form 68 Notice of FMOC [PDF 15 KB] - 12/11/2016

C - Proof of Claim and Proxy [PDF 39 KB] - 12/11/2016

D - Form 92 Notice of Proposal Creditor Meeting [PDF 20 KB] - 12/11/2016

E - Unfiled Copy of the Seventh Report of the Monitor [PDF 573 KB] - 12/11/2016

F - Draft Joint Proposal of the Walter Canada entities [PDF182 KB] - 12/11/2016

G - Voting Letter [PDF 12 KB] - 12/11/2016

H - Form 40.1 Notice of Sanction Hearing [PDF 13 KB] - 12/11/2016

Bankruptcy and First Meeting of Creditors Documents