Motion Record of the Class Action Plaintiff (Lifting the Stay of Proceedings) — Application / notice of application
Chesswood Group Limited
Follow- Proceeding
- CCAACompanies' Creditors Arrangement Act, R.S.C. 1985, c. C-36, as amended
- Court
- Ontario Superior Court of Justice · Commercial List
- File
- CV-24-00730212-00CL
Chesswood Group Limited is the subject of an active proceeding under the Companies' Creditors Arrangement Act in the Ontario Superior Court of Justice (Commercial List), court file CV-24-00730212-00CL. As at October 24, 2024, according to a draft Statement of Claim, Chesswood Group Ltd. owed the syndicated lenders under the Syndicated Revolving Credit Facility C$92,797,926.72 and, separately, US$66,254,723.30; the two components are in different currencies and cannot be added, and both exclude unquantified costs, expenses, interest and letter-of-credit amounts. The facility arises under a credit agreement dated January 14, 2022 with an original maximum principal amount of US$300 million. The lending syndicate comprises Royal Bank of Canada, The Toronto-Dominion Bank, The Huntington National Bank, M&T Bank, Canadian Imperial Bank of Commerce and Laurentian Bank of Canada.
Motion Record of the Class Action Plaintiff (Lift Stay Order) — Application / notice of application
Blackline to the Revised Draft Order of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order) was filed.
Revised Draft Order of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order) was filed.
Motion Record of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order) — Application / notice of application
Endorsement of Justice Cavanagh (Stay Extension and Ancillary Relief Order) — Endorsement / reasons
Supplementary Motion Record of the Monitor (Stay Extension and Ancillary Relief) — Application / notice of application
The court granted an approval and vesting order for the sale to 17208260 Canada Inc. Closing terms, as extracted: vesting effective upon delivery of the Monitor's Certificate confirming payment of cash proceeds and satisfaction/waiver of closing conditions.
Motion Record of the Monitor (Easy Legal AVO and CCAA Termination Order) — Application / notice of application
The court granted an approval and vesting order for the sale to Axis Holdings Ltd. Closing terms, as extracted: vesting effective upon delivery of Monitor's Certificate confirming satisfaction/waiver of closing conditions.
Endorsement of Justice Kimmel (Waypoint AVO and Fourth Stay Extension Order) — Endorsement / reasons
Factum of the Monitor (Approval and Vesting Order and Fourth Stay Extension) — Approval and vesting order
Motion Record of the Monitor (Approval and Vesting Order and Fourth Stay Extension Order) — Approval and vesting order
Endorsement of Justice Dietrich (Stay Extension and Ancillary Relief Order) — Endorsement / reasons
Motion Record of the Monitor (Third Stay Extension Order and Ancillary Relief) — Application / notice of application
Endorsement of Justice Osborne (Approval and Reverse Vesting Order and Stay Extension Order) — Endorsement / reasons
Factum of the Monitor (Approval and Reverse Vesting Order and Stay Extension Order) — Factum / brief
Motion Record of the Monitor (Approval and Reverse Vesting Order and Stay Extension Order) — Application / notice of application
The court granted an approval and vesting order for the sale to Vault Auto Finance Corporation. Closing terms, as extracted: Vesting occurs upon delivery of the Monitor's Certificate confirming payment of the Purchase Price and satisfaction/waiver of closing conditions.
Source: Approval and Vesting Order
The court granted an approval and vesting order for the sale to Vault. Closing terms, as extracted: closing condition regarding consent and waiver of certain rights with Securitization Parties.
Source: Endorsement of Justice Osborne (Approval and Vesting Order and Stay Extension Order)
Factum of the Monitor (Approval and Vesting Order and Stay Extension Order) — Approval and vesting order
Motion Record of the Monitor (Approval and Vesting Order and Stay Extension Order) — Approval and vesting order
The court approved a sale and investment solicitation process. A bid deadline of 2025-01-20.
Source: SISP Approval Order
Case update
Chesswood: the investor class action comes back for the bankruptcy stay
Cleared by the CCAA court on July 16, the proposed securities class action against Chesswood Group and its former chief executive and chief financial officer now asks the bankruptcy court, in a motion returnable October 1, to lift the s. 69.3 BIA stay as well, pleading that any recovery is limited to Chesswood's insurance; the bankrupt lists no asset of realizable value against $84,222,005.13 in claims.
Debtor
Chesswood Group Limited
Monitor
FTI
Bench
| Judge | Court | On this docket | Cases on record |
|---|---|---|---|
| Justice Kimmel | Ontario Superior Court of Justice | 8 orders, Oct 2024 – Sep 2025 | 182 cases on record |
| Justice Cavanagh | Ontario Superior Court of Justice | 6 orders, Oct 2025 – Jan 2026 | 288 cases on record |
| Justice Osborne | Ontario Superior Court of Justice | 2 orders, Mar 2025 | 146 cases on record |
Counsel of record
| Party | Counsel | First seen | Source |
|---|---|---|---|
| MonitorFTI | Alston & Bird LLP · Osler, Hoskin & Harcourt LLP | 5 Mar 2025 | Service list · 17 Jul 2026 |
| ApplicantChesswood Group Limited | Blake, Cassels & Graydon LLP | 29 Oct 2024 | Application · 29 Oct 2024 |
| CreditorAgent | Blake, Cassels & Graydon LLP | 13 Nov 2025 | Factum · 13 Nov 2025 |
| CreditorAxis Holdings Inc | Borden Ladner Gervais LLP | 17 Jul 2026 | Service list · 17 Jul 2026 |
| CreditorDaniel Wittlin | Lax O'Sullivan Lisus Gottlieb LLP | 20 Nov 2025 | Application · 20 Nov 2025 |
| CreditorNorth Mill Equipment Finance LLC | Blake, Cassels & Graydon LLP | 17 Jul 2026 | Service list · 17 Jul 2026 |
| Priority class | Creditor | Amount | Source |
|---|---|---|---|
| Secured | Royal Bank of Canada, as Administrative Agent and Collateral Agent, and the Existing Lenders (The Toronto-Dominion Bank, The Huntington National Bank, M&T Bank, Canadian Imperial Bank of Commerce, LauGeneral security agreement dated December 8, 2014 (Borrower) and individual security agreements (Guarantors) over all present and after-acquired property, pursuant to second amended and restated credit agreement dated January 14, 2022 (Existing Credit Agreement) — USD portion of total outstanding under Credit Facilities; plus costs, expenses and accruing interest; excludes outstanding letters of credit (reported separately) — debtor: Chesswood Group Limited and Existing Guarantors (Case Funding Inc., Chesswood Holdings Ltd., Chesswood US Acquisitionco Ltd., Pawnee Leasing Corporation, Lease-Wi · as of 24 Oct 2024 | $66.3M USD | Notice of Application of Royal Bank of Canada |
| Secured | Royal Bank of Canada, as Administrative Agent, and the Existing LendersSame security as under Existing Credit Agreement (general security agreement / individual security agreements) — Outstanding letters of credit issued under Existing Credit Agreement (USD tranche) — debtor: Chesswood Group Limited and Existing Guarantors · as of 24 Oct 2024 | $4M USD | Notice of Application of Royal Bank of Canada |
10 transactions · 8 closed · 2 approved — the Monitor has successfully completed the SISP and has identified and implemented five separate value maximizing transactions resulting in realization in excess of $130 millionNinth Report of the Monitor · 18 Jan 2026
| Purchaser | Price | Status | Source |
|---|---|---|---|
| Vaultall assets owned by the Vendors (excluding Excluded Assets) · asset sale · nominee/assignee: an affiliate · agreement 23 Jan 2025 | $12.5M (mixed consideration)CAD $12.5 million less the aggregate amount of the Vendors' cash paid to the DIP Agent as a mandatory repayment under the DIP Term Sheet, plus the value of the Accrued Liabilities | Approved29 Jan 2025 | Endorsement of Justice Osborne (Approval and… |
| Vault Auto Finance Corporationall of the applicable Vendors' right, title and interest in and to the Purchased Assets · asset sale · nominee/assignee: a permitted assignee thereof · agreement 23 Jan 2025 | $12.5M (mixed consideration)Purchase Price is $12,500,000 less the Excess Cash Sweep Amount plus the value of Accrued Liabilities | Closed14 Feb 2025 | Ninth Report of the Monitor |
| North Mill Equipment Finance, LLCthe Purchased Shares · share sale · ResidualCo: CGL Holdco, LLC · agreement 28 Feb 2025 | SealedPurchase price redacted in appended agreement; unredacted version filed as confidential appendix | Closed1 Apr 2025 | Ninth Report of the Monitor |
| Axis Holdings Ltd.all of the Vendor's right, title and interest in and to the Purchased Shares · share sale · agreement 6 Jun 2025 | not stated | Approved9 Jun 2025 | Waypoint Approval and Vesting Order |
| North Mill Equipment Finance, LLCall of the issued and outstanding shares in the capital of Pawnee and Tandem · share sale · agreement 28 Feb 2025 | not stated | Closed | Seventh Report of the Monitor |
| Vault Auto Finance Corporation100% of the issued and outstanding shares of Rifco Inc. · asset sale · agreement 13 Dec 2024 | $15MThe Purchase Price payable by Vault to Chesswood for the Purchased Shares is C$15,000,000, less certain adjustments | Closed | Seventh Report of the Monitor |
| North Mill Equipment Finance, LLCall of the Vendor's right, title and interest in and to the Bishop Equity Interests and the Bishop Assigned Contract · assets and shares · agreement 22 Jul 2025 | $1.22M USDPurchase Price per Section 3.1 of the Agreement; Purchaser also to pay Charge-Off Settlement Amount | Closed18 Aug 2025outside 29 Aug 2025 | Ninth Report of the Monitor |
| 17208260 Canada Inc.all of the applicable Vendors' right, title and interest in and to the Purchased Assets · asset sale · agreement 27 Aug 2025 | not statedthe Purchaser has paid the cash proceeds of the Purchase Price to the Monitor, on behalf of Vendors | Closed23 Sep 2025 | Ninth Report of the Monitor |
| shares of Waypoint sold by CCMI; purchaser not named in this excerptall issued and outstanding shares of Waypoint Investment Partners Inc. · share sale · agreement 6 Jun 2025 | not stated | Closed | Ninth Report of the Monitor |
| unnamedthe Waypoint Transaction | not stated | Closed15 Aug 2025 | Ninth Report of the Monitor |
Unsecured creditors: no distribution. Pre-Filing Lenders short.EstimatedFourth Report of the Monitor · 28 Feb 2025
| Class | Creditor | Claims | Recovery | Basis | Source |
|---|---|---|---|---|---|
| Secured | Chesswood Group's pre-filing secured creditors | — | shortfall | Estimatedper the monitor | Supplement to the Fifth Report of the Monitor · 30 Apr 2025 |
| Secured | Pre-Filing Agent / Pre-Filing Lenders | — | shortfall | Estimatedper the monitor | Ninth Report of the Monitor · 18 Jan 2026 |
| Secured | Pre-Filing Lenders | — | shortfall | per the monitor | Motion Record of the Monitor (CCAA Termination Order) · 18 Jan 2026 |
| Unsecured | — | $3.2Mestimated | no distribution | Estimatedper the monitor | Fourth Report of the Monitor · 28 Feb 2025 |
Each row is one filing's statement, copied as it reads and never computed. "Estimated" is the officer's forecast; "Under the plan" is the plan's or proposal's own term; "Final" is a declared or paid distribution; a row with no chip states no footing. A range is the two numbers stated; "of proven claims" is the document's own denominator.
9 engagements · 4 firms — latest: Osler, Hoskin & Harcourt LLP, 1 Sep 2025 – 12 Jan 2026Ninth Report of the Monitor · 18 Jan 2026
| Firm | Period | Hours | Fees | Rates | Source | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| (firm not named)Monitorperiod 2 of 2 · firm not named in the heading | 1 Sep – 31 Dec 2025Approved | 1,002.4 | — | $948.75stated average | Motion Record of the Monitor (CCAA Termination Order) · 18 Jan 2026 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Duff & PhelpsMonitorperiod 1 of 2 · firm not named in the heading | 1 Aug – 31 Aug 2025 | 313.7 | $282,275.00ex. tax | $240 – $1,2807 people | Supplementary Motion Record of the Monitor (Stay Extension and… · 26 Sep 2025 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 people — Duff & Phelps, 1 Aug – 31 Aug 2025
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 3 of 3 | 1 Sep – 31 Dec 2025Sought | 1,002.4 | — | $948.75stated average | Ninth Report of the Monitor · 18 Jan 2026 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 2 of 3 | 1 Aug – 31 Aug 2025 | 313.7 | $282,275.00 | $240 – $1,2807 people | Supplement to the Eighth Report of the Monitor · 26 Sep 2025 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 people — FTI Consulting Canada Inc., 1 Aug – 31 Aug 2025
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| FTI Consulting Canada Inc.Monitorperiod 1 of 3 | — | 4,699.6 | — | $973.29stated average | Fifth Report of the Monitor · 25 Apr 2025 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Osler, Hoskin & Harcourt LLPCounsel to the monitorperiod 4 of 4 | 1 Sep 2025 – 12 Jan 2026Approved | 354.7 | — | $974.87stated average | Ninth Report of the Monitor · 18 Jan 2026 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Osler, Hoskin & Harcourt LLPCounsel to the monitorperiod 3 of 4 | 12 Feb – 31 Aug 2025 | — | $1,259,909.00ex. tax | not stated | Supplementary Motion Record of the Monitor (Stay Extension and… · 26 Sep 2025 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Osler, Hoskin & Harcourt LLPCounsel to the monitorperiod 3 of 4 | 1 Aug – 31 Aug 2025 | 78.2 | $67,846.00ex. tax | $325 – $1,20012 people | Supplementary Motion Record of the Monitor (Stay Extension and… · 26 Sep 2025 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 people — Osler, Hoskin & Harcourt LLP, 1 Aug – 31 Aug 2025
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| Osler, Hoskin & Harcourt LLPCounsel to the monitorperiod 1 of 4 | 29 Oct 2024 – 28 Feb 2025 | 1,668.3 | — | $980.12stated average | Fifth Report of the Monitor · 25 Apr 2025 | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
Top rate $1,280 · 97th percentile of monitor rates, 2025 · of 39
| Date | Document | File |
|---|---|---|
| Motion Record of the Class Action Plaintiff (Lifting the Stay of Proceedings) | ||
Service List
| ||
Motion Record of the Class Action Plaintiff (Lift Stay Order)
| ||
| Form 19 - Certificate of Appointment | ||
| Form 78 - Statement of Affairs | ||
CCAA Termination Order
| ||
Endorsement of Justice Cavanagh (CCAA Termination Order)
| ||
Motion Record of the Monitor (CCAA Termination Order)
| ||
Ninth Report of the Monitor
| ||
Aide Memoire of Daniel Wittlin
| ||
Endorsement of Justice Cavanagh (Lift Stay Order)
| ||
Lift Stay Order
| ||
Factum of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order)
| ||
| Notice of Appearance - Daniel Wittlin | ||
Blackline to the Revised Draft Order of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order)
| ||
Revised Draft Order of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order)
| ||
| Motion Record of Royal Bank of Canada, in its capacity as administrative and collateral agent (Lift Stay Order) | ||
Endorsement of Justice Cavanagh (Stay Extension and Ancillary Relief Order)
| ||
Stay Extension and Ancillary Relief Order
| ||
Supplement to the Eighth Report of the Monitor
| ||
Supplementary Motion Record of the Monitor (Stay Extension and Ancillary Relief)
| ||
| Monitor's Certificate | ||
Easy Legal Approval and Vesting Order
| ||
Endorsement of Justice Kimmel (Easy Legal AVO)
| ||
Factum of the Monitor (Easy Legal AVO and CCAA Termination Order)
| ||
| Eighth Report of the Monitor | ||
| Motion Record of the Monitor (Easy Legal AVO and CCAA Termination Order) | ||
Bishop Approval and Vesting Order
| ||
Endorsement of Justice Kimmel (Bishop AVO)
| ||
| Factum of the Monitor (Bishop Approval and Vesting Order) | ||
| Motion Record of the Monitor (Bishop AVO) | ||
Seventh Report of the Monitor
| ||
Endorsement of Justice Kimmel (Waypoint AVO and Fourth Stay Extension Order)
| ||
Fourth Stay Extension Order
| ||
Waypoint Approval and Vesting Order
| ||
| Factum of the Monitor (Approval and Vesting Order and Fourth Stay Extension) | ||
| Motion Record of the Monitor (Approval and Vesting Order and Fourth Stay Extension Order) | ||
Sixth Report of the Monitor
| ||
Endorsement of Justice Dietrich (Stay Extension and Ancillary Relief Order)
| ||
Factum of the Monitor (Third Stay Extension and Ancillary Relief)
| ||
Supplement to the Fifth Report of the Monitor
| ||
Fifth Report of the Monitor
| ||
| Motion Record of the Monitor (Third Stay Extension Order and Ancillary Relief) | ||
Endorsement of Justice Osborne (Approval and Reverse Vesting Order and Stay Extension Order)
| ||
Approval and Reverse Vesting Order
| ||
Stay Extension Order
| ||
Factum of the Monitor (Approval and Reverse Vesting Order and Stay Extension Order)
| ||
Fourth Report of the Monitor
| ||
Motion Record of the Monitor (Approval and Reverse Vesting Order and Stay Extension Order)
| ||
Approval and Vesting Order
| ||
Endorsement of Justice Osborne (Approval and Vesting Order and Stay Extension Order)
| ||
| Factum of the Monitor (Approval and Vesting Order and Stay Extension Order) | ||
| Motion Record of the Monitor (Approval and Vesting Order and Stay Extension Order) | ||
Third Report of the Monitor
| ||
| Notice of Appearance - Deutsche Bank Trust Company Americas | ||
| SISP Notice | ||
Endorsement of Justice Kimmel
| ||
KERP Approval Order
| ||
SISP Approval Order
| ||
SISP Procedures
| ||
| Motion Record of the Monitor | ||
Second Report of the Monitor
| ||
| Notice of Appearance - VP Polus Trust | ||
Amended and Restated Initial Order
| ||
| Notice of Appearance - Berger Montague | ||
| Notice of Appearance - VersaBank | ||
| Factum of Royal Bank of Canada | ||
| First Report of the Monitor | ||
| Motion Record of Royal Bank of Canada | ||
Application Record of Royal Bank of Canada
| ||
| CCAA FAQs | ||
Initial Order
| ||
| List of Known Creditors | ||
Notice of Application of Royal Bank of Canada
| ||
| Notice to Creditors | ||
Pre-Filing Report of the Proposed Monitor
| ||
Filing titles, dates, and extracted key facts are public.
CiteProceedings., “Chesswood Group Limited” (CCAA), Ontario Superior Court of Justice · Commercial List. Retrieved 20 September 2026, https://proceedings.ca/case/chesswood-group-limited