Form 27 COURT FILE NUMBER 1403-13215 [Rules 6.3 and 10.52

Form 27
[Rules 6.3 and
10.52(1)]
COURT FILE NUMBER
1403-13215
COURT
COURT OF QUEEN’S BENCH OF
ALBERTA
JUDICIAL CENTRE
EDMONTON
APPLICANTS
E CONSTRUCTION LTD.
RESPONDENTS
SPRAGUE-ROSSER CONTRACTING CO. LTD. and
REGIONAL MUNICIPALITY OF WOOD BUFFALO
DOCUMENT
APPLICATION
ADDRESS FOR SERVICE AND
CONTACT INFORMATION OF
PARTY
FILING
THIS
DOCUMENT
McCARTHY TÉTRAULT LLP
Barristers and Solicitors
Sean F. Collins/Walker W. MacLeod
Suite 4000, 421-7th Avenue S.W.
Calgary AB T2P 4K9
Phone:403-260-3531/403-260-3710
Fax: 403-260-3501
Email: [email protected]
[email protected]
Clerk’s Stamp
NOTICE TO RESPONDENT(S)
This application is made against you. You are a respondent.
You have the right to state your side of this matter before the master/judge.
To do so, you must be in Court when the application is heard, as shown below:
Date
Time
Where
February 2, 2016
3:00 p.m.
Edmonton Law Courts Building
Before Whom
Justice J.M. Ross
Go to the end of this document to see what else you can do and when you must do it.
Remedy claimed or sought: Alvarez & Marsal Canada Inc. (the “Receiver”), in its capacity as the
court-appointed receiver and manager of the current and future assets, undertakings, and
properties (collectively, the “Property”) of Sprague-Rosser Contracting Co. Ltd. (“Contracting”),
Sprague-Rosser Developments Inc. (“Developments”) and Pacific Federation Equity Group Inc.
(“Pacific Federation”, Pacific Federation, Developments, and Contracting are collectively referred
-2to as, the “Debtors”) pursuant to the order issued by this Honourable Court on July 31, 2014, as
subsequently amended and restated on August 7, 2014 (collectively, the “Receivership Order”)
applies for the following relief:
1.
Declaring that this application (the “Application”) is properly returnable on February 2,
2016, that service of the Application is validated and that no persons other than those on the
service list are entitled to service of the Application.
2.
Directing that Exhibits “P”, “R”, “S” and “T” (the “Western Statements of Defence”) that
were marked for identification at the cross-examination of J. Paul Bourassa, occurring on January
25, 2016, be marked as Exhibits “30”, “31”, “32” and “33” to the cross-examination of J. Paul
Bourassa and be entered as evidence in the within proceeding.
3.
Such further and other relief as counsel for the Receiver may advise.
Grounds for making this application: The grounds for the Application are as follows:
4.
On December 3, 2015, the Honourable Madam Justice J.M. Ross set a scheduling order
(the “Scheduling Order”) for the purposes of determining the application filed by the Receiver on
November 10, 2015 (the “Settlement Approval Application”).
5.
On January 25, 2016, Mr. J. Paul Bourassa, a representative of the Western Surety
Company (“Western”), was cross-examined on an affidavit he swore on November 15, 2016.
During the course of that cross-examination the Western Statements of Defence were marked for
identification purposes.
6.
The Western Statements of Defence are relevant and material to the issues to be
determined at the Settlement Approval Application and are properly admissible as evidence before
this Honourable Court.
7.
Such further and other grounds as counsel for the Receiver may advise.
Material or Evidence to be relied On: The Receiver will rely on the following material:
8.
The cross-examination transcript of J. Paul Bourassa and all exhibits makred thereto.
9.
The Sixth Report of the Receiver, filed on November 10, 2015.
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DOCS 15233501v1
-310.
Such further and other material as counsel for the Receiver may advise.
Applicable rules:
11.
Rules 1.2 of the Alberta Rules of Court.
12.
Such further and other rules as counsel for the Receiver may advise.
Applicable Acts and regulations:
13.
The BIA.
14.
Such further and other acts and regulations as counsel for the Receiver may advise.
Any irregularity complained of or objection relied on:
15.
There are no irregularities complained of or objections relied on.
How the application is proposed to be heard or considered:
16.
The Receiver proposes that the Application be heard in person and
by telephone
conference call with one, some, or all of the parties present.
AFFIDAVIT EVIDENCE IS REQUIRED IF YOU WISH TO OBJECT.
WARNING
If you do not come to Court either in person or by your lawyer, the Court may give the applicant(s)
what they want in your absence. You will be bound by any order that the Court makes. If you want
to take part in this application, you or your lawyer must attend in Court on the date and at the time
shown at the beginning of the form. If you intend to rely on an affidavit or other evidence when the
application is heard or considered, you must reply by giving reasonable notice of the material to the
applicant.
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DOCS 15233501v1