ONTARIO SUPERIOR COURT OF JUSTICE (COMMERCIAL LIST) · - 3 - LEGAL_1:44088009.7 Party Contact...

Court File No. CV-17-11785-00CL

ONTARIO SUPERIOR COURT OF JUSTICE

(COMMERCIAL LIST)

IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF EXPRESS FASHION APPAREL CANADA INC. and EXPRESS CANADA GC GP, INC.

APPLICANTS

MOTION RECORD

(MOTION FOR STAY EXTENSION AND DISCHARGE AND TERMINATION ORDER RETURNABLE DECEMBER 8, 2017)

November 30, 2017 OSLER, HOSKIN & HARCOURT LLP

100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto ON M5X 1B8 Tracy C. Sandler (LSUC #: 32443N) [email protected] Jeremy Dacks (LSUC #: 41851R) [email protected] W. David Rankin (LSUC# 63261P) [email protected] Tel: 416.362-2111 Fax: 416.862.6666 Lawyers for the Applicants

mailto:[email protected]



TO: SERVICE LIST

LEGAL_1:44088009.7

SERVICE LIST

Party Contact

Osler, Hoskin & Harcourt LLP

P.O. Box 50, 1 First Canadian Place

Toronto, ON M5X 1B8

Fax: 416.862.6666

Counsel to the Applicants

Tracy Sandler

Tel: 416.862.5890

Email: [email protected]

Jeremy Dacks

Tel: 416.862.4293


David Rankin

Tel: 416.862.4895


Mike Shakra

Tel: 416.862.6643


Alvarez & Marsal Canada Inc. Royal Bank Plaza, South Tower

200 Bay Street, Suite 2900

Toronto, ON M5J 2J1

Fax: 416.847.5201

Monitor

Douglas McIntosh

Tel: 416.847.5150


Al Hutchens

Tel: 416.847.5159


Joshua Nevsky Tel: 416.847.5161


Zach Gold

Tel: 416.847.5153


Blake, Cassels & Graydon LLP

199 Bay Street

Suite 4000, Commerce Court West

Toronto ON M5L 1A9

Fax: 416.863.2653

Counsel to the Monitor

Pamela L. J. Huff Tel: 416.863.2958


Linc Rogers Tel: 416.863.4168


Aryo Shalviri Tel: 416.863.2962













- 2 -

LEGAL_1:44088009.7

Party Contact

Chaitons LLP

5000 Yonge Street, 10th Floor

Toronto, ON M2N 7E9

Fax: 416.222.8402

Counsel to Express, LLC

Harvey Chaiton Tel: 416.218.1129


George Benchetrit Tel: 416.218.1141


Cassels Brock & Blackwell LLP

Suite 2100, Scotia Plaza

40 King Street West

Toronto, ON M5H 3C2

Fax: 416.640.3144

Counsel to Merchant Retail Solutions ULC

Jane Dietrich

Tel: 416.860.5223


Torys LLP

79 Wellington St. W.

33rd Floor

Box 270, TD South Tower

Toronto, Ontario

M5K 1N2

Fax: 416.865.7380

Counsel to Cadillac Fairview

David Bish

Tel: 416.865.7353


Lily Coodin

Tel: 416.865.7541


McLean & Kerr LLP

130 Adelaide St. West, Suite 2800

Toronto, ON M5H 3P5

Fax: 416.366.8571

Counsel to Morguard, Oxford Properties, and

Ivanhoe Cambridge

Linda Galessiere

Tel: 416.369.6609


Walter Stevenson

Tel: 416.369.6602


West Edmonton Mall Property Inc.

Suite 3000, Phase III

West Edmonton Mall

8882-170th Street

Edmonton, Alberta T5T 4M2

Fax: 780.444.5223

Landlord at West Edmonton Mall

Dean Shaben

Vice President of Leasing

Tel: 780.444.8126


John Colbert

Corporate Controller

Tel: 780.444.8138


Theresa Paquette

Lease Administrator












- 3 -

LEGAL_1:44088009.7

Party Contact

Borden Ladner Gervais LLP

1000 De La Gauchetière Street West, Suite 900,

Montréal, QC H3B 5H4

Fax: 514.954.1905

Counsel to Bell Canada

François Gagnon

Tel: 514.954.2553


Eugénie Lefebvre

Tel: 514.954.2502


Blaney McMurtry LLP

1500 - 2 Queen Street East

Toronto, ON MSC 305

Fax: .416.593.5437

Counsel to FCP (BOPC) LTD., CPPIB FCP

HOLDING INC., ARI FCP HOLDINGS INC.

and Brookfield Office Properties Management

Inc.

John C. Wolf

Tel: 416.593.1221







(COMMERCIAL LIST)

IN THE MATTER OF THE COMPANIES’ CREDITORS ARRANGEMENT ACT, R.S.C. 1985, c. C-36, AS AMENDED

AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF EXPRESS FASHION APPAREL CANADA INC. and EXPRESS CANADA GC GP, INC.

APPLICANTS

MOTION RECORD

Table of Contents

Tab Document Page

1. Notice of Motion dated November 30, 2017 1

2. Draft Stay Extension & Discharge & Termination Order 8

TAB 1



(COMMERCIAL LIST)


AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF EXPRESS FASHION APPAREL CANADA INC. and EXPRESS CANADA GC GP, INC.

APPLICANTS

NOTICE OF MOTION

(Motion for Stay Extension and Discharge and Termination Order Returnable December 8, 2017)

The applicants, Express Fashion Apparel Canada Inc. and Express Canada GC GP, Inc.

(collectively, the “Applicants” and together with Express Canada GC LP, the “Express Canada

Entities”) will make a Motion to a Judge of the Ontario Superior Court of Justice (Commercial

List) on December 8 at 9:30 a.m., or as soon after that time as the Motion can be heard, at 330

University Avenue, Toronto, Ontario.

PROPOSED METHOD OF HEARING: The Motion is to be heard orally.

THE MOTION IS FOR

1. An Order substantially in the form attached at Tab 2 of the Motion Record:

(a) If necessary, abridging the time for service of this Notice of Motion and the Motion

Record and dispensing with further service thereof;

1

- 2 -

(b) Extending the stay of proceedings until the earlier of June 29, 2018 or the

termination of the Applicants’ proceedings under the Companies’ Creditors

Arrangement Act, R.S.C. 1985, c. C-36, as amended (the “CCAA”);

(c) Terminating these CCAA proceedings upon the delivery of the Monitor’s Plan

Completion Certificate;

(d) Discharging Alvarez & Marsal Canada Inc. (“A&M”) as monitor in these CCAA

proceedings (in such capacity and not in its personal or corporate capacity, the

“Monitor”) upon the delivery of the Monitor’s Plan Completion Certificate;

(e) Granting certain additional releases contemplated by the Sanction and Vesting

Order and the Plan (both as defined below);

(f) Approving the actions, conduct and activities of the Monitor;

(g) Approving the fees and disbursements of the Monitor and the Monitor’s counsel;

and

(h) Such further and other relief as counsel may request and this Honourable Court may

deem just.

THE GROUNDS FOR THE MOTION ARE:

Background and Overview

1. The Express Canada Entities were granted protection from their creditors under the CCAA

pursuant to an Initial Order of the Ontario Superior Court of Justice (Commercial List) (the

“Court”) dated May 4, 2017 (the “Initial Order”);

2

- 3 -

2. A&M was appointed in the Initial Order to act as the Monitor in the CCAA proceedings;

3. The Stay Period (as defined therein) set forth in the Initial Order has been extended from

time to time. The Stay Period presently expires on December 15, 2017;

4. Pursuant to the Initial Order, the Express Canada Entitles undertook a liquidation and

orderly wind-down of their business and operations. The Express Canada Entities ceased retail

operations in June, 2017;

5. On May 29, 2017, the Express Canada Entities obtained a Claims Procedure Order from

this Court, among other things, approving procedures regarding the filing, determination and

resolution of claims against the Express Canada Entities and their directors and officers. All

creditor claims have been resolved in accordance with the Claims Procedure Order;

6. On September 29, 2017, the Express Canada Entities obtained a Sanction and Vesting

Order (the “Sanction and Vesting Order”), among other things, approving and sanctioning the

Applicants’ Joint Plan of Compromise and Arrangement dated September 27, 2017 (as amended,

and as may be further amended, varied or supplemented from time to time in accordance with the

terms thereof, and together with all schedules thereto, the “Plan”).1 Among other things, the Plan

provided for the payment in full of all proven claims of Unsecured Creditors and for the

compromise of proven claims of Landlord Creditors. All Landlord Creditors provided a Landlord

Proxy to the Monitor in support of the Plan;

7. Pursuant to the Sanction and Vesting Order:

1 All terms not otherwise defined herein have the meanings ascribed to them in the Plan.

3

- 4 -

(a) all Unsecured Creditors were deemed to have voted in favour of a resolution to

approve the Plan;

(b) the Monitor was deemed to have voted each Landlord Proxy in favour of a

resolution to approve the Plan; and

(c) the Plan was unanimously approved by Affected Creditors and sanctioned by the

Court;

8. On October 19, 2017, the Applicants provided the Monitor with confirmation that the

conditions precedent to implementation of the Plan had been satisfied and the Monitor filed the

Monitor’s Plan Implementation Date Certificate with the Court;

9. Since the Plan Implementation Date, the Express Canada Entities have, in accordance with

the Plan, (i) made a distribution to each Unsecured Creditor satisfying their claims in full and (ii)

made an interim distribution to each Landlord Creditor;

10. In order to make subsequent and ultimately a final distribution to Landlord Creditors and

complete the implementation of the Plan and these CCAA proceedings, the Express Canada

Entities must file certain tax returns and receive refunds in respect of such returns. The only

material activities that remain in order to complete the wind-down of the Express Canada Entities

and the completion of these CCAA proceedings are: (i) the filing of tax returns, (ii) the distribution

of related tax refunds to Landlord Creditors, and (iii) the taking of steps necessary to assign one

or more of the Express Canada Entities into bankruptcy;

11. The Applicants, with the Monitor’s support, seek an extension of the Stay Period pending

completion of the above mentioned wind-down activities;

4

- 5 -

12. As contemplated by the Sanction and Vesting Order and the Plan, the proposed Order

contemplates certain additional releases in favour of the Monitor, the Express Canada Entities, and

each of their respective affiliates and officers, directors, partners, current and former employees,

legal counsel and agents;

13. The Monitor is seeking approval of its Fourth Report and the activities as set out therein

and approval of the fees and disbursements of itself and its legal counsel;

14. In conjunction with the termination of the CCAA proceedings, the Monitor is also seeking

a discharge from its duties and obligations as Monitor upon the filing of the Plan Completion

Certificate;

15. The Applicants have been and continue to act in good faith and with due diligence in these

CCAA proceedings;

16. No creditors of the Express Canada Entities will be materially prejudiced by the proposed

extension of the Stay Period;

17. The Fourth Report demonstrates that the Applicants have sufficient liquidity to complete

their wind-down activities during the proposed extended Stay Period;

18. Circumstances exist that make the order sought by the Applicants and the Monitor

appropriate;

Other Grounds for Relief

19. The provisions of the CCAA and the inherent and equitable jurisdiction of this Honourable

Court;

5

- 6 -

20. Rules 1.04, 1.05, 2.03, 3.02, 16 and 37 of the Rules of Civil Procedure, R.R.O. 1990, Reg.

194, as amended, and section 106 of the Courts of Justice Act, R.S.O. 1990, c. C.43, as amended;

and

21. Such further and other grounds as counsel may advise and this Honourable Court may see

fit.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the Motion:

22. The Fourth Report of the Monitor, to be filed; and

23. Such further and other evidence as counsel may advise and this Honourable Court may

permit.

November 30, 2017 OSLER, HOSKIN & HARCOURT LLP 100 King Street West 1 First Canadian Place Suite 6200, P.O. Box 50 Toronto ON M5X 1B8

Tracy C. Sandler (LSUC #: 32443N) [email protected]

Jeremy Dacks (LSUC #: 41851R) [email protected]

W. David Rankin (LSUC# 63261P)[email protected]

Tel: 416.362-2111 Fax: 416.862.6666

Lawyers for the Applicants

TO: SERVICE LIST

6




IN TH

E MA

TTER O

F THE CO

MPANIES’ CRED

ITORS ARRANG

EMENT ACT,

R.S.C. 1985, c. C-36, AS A

MEN

DED

AN

D IN

THE M

ATTER O

F A PLA

N O

F COM

PROM

ISE OR A

RRA

NG

EMEN

T O

F EXPR

ESS FASH

ION

APPA

REL C

AN

AD

A IN

C. and EX

PRESS

CA

NA

DA

GC

GP, IN

C.

Court File No: CV

-17-11785-00CL

ON

TARIO

SUPER

IOR

CO

UR

T OF JU

STICE

(CO

MM

ERC

IAL LIST)

PROCEED

ING

COM

MEN

CED A

T TORO

NTO

NO

TICE O

F MO

TION

(M

otion for Stay Extension and D

ischarge and Termination O

rder Returnable

Decem

ber 8, 2017)

OSL

ER

, HO

SKIN

& H

AR

CO

UR

T L

LP

100 King Street W

est, 1 First Canadian Place

Suite 6200, P.O. B

ox 50 Toronto O

N M

5X 1B

8

Tracy C. Sandler (LSU

C #: 32443N

) tsandler@

osler.com

Jeremy D

acks (LSUC

#: 41851R)

[email protected]

W.D

avid Rankin (LSU

C# 63261P)

[email protected]

Tel: 416.362-2111

Fax: 416.862.6666

Lawyers for the A

pplicants

7




TAB 2

LEGAL_1:46973716.1


ONTARIO

SUPERIOR COURT OF JUSTICE

COMMERCIAL LIST

THE HONOURABLE MR.

JUSTICE HAINEY

) ) )

WEDNESDAY, THE 8TH

DAY OF DECEMBER, 2017


AND IN THE MATTER OF A PLAN OF COMPROMISE OR ARRANGEMENT OF EXPRESS FASHION APPAREL CANADA INC. AND EXPRESS CANADA GC GP, INC.

Applicants

STAY EXTENSION & DISCHARGE & TERMINATION ORDER

THIS MOTION, made by Express Fashion Apparel Canada Inc. and Express Canada GC

GP, Inc. (collectively, the “Applicants” and together with Express Canada GC, LP, the “Express

Canada Entities”), pursuant to the Companies’ Creditors Arrangement Act, R.S.C. 1985, c. c-36,

as amended (the “CCAA”) for an order, inter alia, (a) extending the stay of proceedings until the

earlier of June 29, 2018 or the termination of the CCAA proceedings, (b) discharging Alvarez &

Marsal Canada Inc. (“A&M”) as monitor in these CCAA proceedings (in such capacity and not

its personal or corporate capacity, the “Monitor”) on delivery of the Monitor’s Plan Completion

Certificate (as defined below), (c) terminating these CCAA proceedings upon the delivery of the

Monitor’s Plan Completion Certificate, (d) granting certain releases, (e) approving the actions,

conduct and activities of the Monitor, and (f) approving the fees and disbursements of the Monitor

and the Monitor’s counsel, was heard this day at 330 University Avenue, Toronto, Ontario.

8

- 2 -

ON READING the Notice of Motion of the Applicants and the Fourth Report of the

Monitor dated November 30, 2017, filed (the “Fourth Report”), and on hearing the submissions

of respective counsel for the Applicants, the Monitor, The Cadillac Fairview Corporation Limited,

Morguard Investments Limited, Ivanhoe Cambridge Inc., Brookfield Properties (PI) Inc., Oxford

Properties Group, and such other counsel as were present, no one else appearing although duly

served as appears from the Affidavit of Service of Sean Stidwill sworn November 30, 2017:

SERVICE

1. THIS COURT ORDERS that the time for service of the Notice of Motion and the Motion

Record herein is hereby abridged and validated so that this Motion is properly returnable

today and hereby dispenses with further service thereof.

DEFINITIONS

2. THIS COURT ORDERS that any capitalized terms not otherwise defined herein shall

have the meanings ascribed to such terms in the Sanction and Vesting Order of this Court

granted on September 27, 2017.

TERMINATION OF CCAA PROCEEDINGS

3. THIS COURT ORDERS that upon the filing of the Monitor’s Plan Completion

Certificate, the within CCAA proceedings shall be automatically terminated without any

other act or formality (the “CCAA Termination Time”).

DISCHARGE OF THE MONITOR

4. THIS COURT ORDERS that the Monitor shall, at least seven (7) days prior to the

proposed CCAA Termination Time, provide notice to the service list for these CCAA

9

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proceedings (the “Service List”) of the Monitor’s intention to file the Monitor’s Plan

Completion Certificate and that upon the filing of the Monitor’s Plan Completion

Certificate, the release and discharge of the Subsequent Released Claims (as defined

below) shall be deemed effective unless any objection is received by the Monitor in

accordance with paragraph 9 hereof.

5. THIS COURT ORDERS AND DECLARES that effective at the CCAA Termination

Time, the Monitor shall be discharged and relieved from any further obligations, liabilities,

responsibilities or duties in its capacity as monitor pursuant to the Order of this Court

granted on May 4, 2017 (as amended from time to time, the “Initial Order”) and any other

Orders of this Court granted in these CCAA proceedings.

TERMINATION OF CHARGES

6. THIS COURT ORDERS that the Administration Charge and the Directors’ Charge (as

each term is defined in the Initial Order) shall be and are hereby terminated, released and

discharged at the CCAA Termination Time.

RELEASES

7. THIS COURT ORDERS that effective as of the date of this Order, in addition to the

protections and releases in the Plan, any Order of this Court in these CCAA proceedings

or the CCAA, each of A&M, the Monitor, the Express Canada Entities, and each of their

respective affiliates and officers, directors, partners, current and former employees, legal

counsel and agents (collectively, the “Released Parties”) are hereby released and

discharged from any and all claims that any person may have or be entitled to assert against

the Released Parties, whether known or unknown, matured or unmatured, foreseen or

10

- 4 -

unforeseen, existing or hereafter arising, based in whole or in part on any act or omission,

transaction, dealing or other occurrence existing or taking place on or prior to the date of

this Order in any way relating to, arising out of or in respect of the within CCAA

proceedings or with respect to their respective conduct in the within CCAA proceedings

(collectively, the “Released Claims”), and any such Released Claims are hereby

irrevocably and permanently released, stayed, extinguished and barred and the Released

Parties shall have no liability in respect thereof, provided that the Released Claims shall

not include any claim or liability arising out of any gross negligence or willful misconduct

on the part of the Released Parties.

8. THIS COURT ORDERS that effective as of the CCAA Termination Time, in addition to

the protections and releases in the Plan, any Order of this Court in these CCAA proceedings

or the CCAA, the Released Parties are hereby released and discharged from any and all

claims that any person may have or be entitled to assert against the Released Parties,

whether known or unknown, matured or unmatured, foreseen or unforeseen, existing or

hereafter arising, based in whole or in part on any act or omission, transaction, dealing or

other occurrence existing or taking place following the date of this Order in any way

relating to, arising out of or in respect of the within CCAA proceedings or with respect to

their respective conduct in the within CCAA proceedings (collectively, the “Subsequent

Released Claims”), and any such Subsequent Released Claims are hereby irrevocably and

permanently released, stayed, extinguished and forever barred and the Released Parties

shall have no liability in respect thereof, provided that the Subsequent Released Claims

shall not include any claim or liability arising out of any gross negligence or willful

misconduct on the part of the Released Parties.

11

- 5 -

9. THIS COURT ORDERS that in the event that any person objects to the release and

discharge of the Subsequent Released Claims, that person must send a written notice of

objection and the grounds therefor to the Monitor at the address set out on the Service List

such that the objection is received by the Monitor prior to the proposed CCAA Termination

Time. If no objection is received by the Monitor prior to the proposed CCAA Termination

Time, the release and discharge of Subsequent Released Claims pursuant to paragraph 8

hereof shall be automatically deemed effective upon the CCAA Termination Time, without

further Order of the Court.

10. THIS COURT ORDERS that if an objection to the release of the Subsequent Released

Claims pursuant to paragraph 9 hereof is received by the Monitor, the release and discharge

of the Subsequent Released Claims pursuant to paragraph 8 hereof shall only become

effective if the objection is resolved consensually or upon further Order of the Court. For

greater certainty, no objection received in accordance with paragraph 9 hereof shall affect

the release and discharge of the Released Claims pursuant to paragraph 7 hereof, which

shall be effective as of the date of this Order.

APPROVAL OF ACTIVITIES, FEES AND DISBURSEMENTS

11. THIS COURT ORDERS the Fourth Report, and the actions, conduct and activities of the

Monitor as described therein are hereby approved.

12. THIS COURT ORDERS that (i) the fees and disbursements of A&M as proposed monitor

from the period of April 23, 2017 to May 3, 2017 and the Monitor for the period of May 4,

2017 to October 21, 2017, inclusive, totaling CAD $593,248.93 (including applicable

taxes), and (ii) the fees and disbursements of the Monitor’s counsel, Blake, Cassels &

Graydon LLP and a local agent in New Brunswick, for the period of April 1, 2017 to

12

- 6 -

October 31, 2017 inclusive, totaling $463,839.52 (including applicable taxes), be and are

hereby approved.

13. THIS COURT ORDERS that the fees and disbursements of the Monitor and the

Monitor’s counsel to complete the Monitor’s remaining duties and administration of these

CCAA proceedings (collectively, the “Subsequent Fees”) shall only be subject to approval

by further or of this Court, in the event that (i) the Subsequent Fees exceed an aggregate

total of CAD $125,000 (excluding applicable taxes) with respect to the Monitor and the

Monitor’s counsel (the “Fee Approval Threshold”), and (ii) each of the Landlord

Creditors (as defined in the Plan) request that such approval be sought within three (3)

business days of receiving written notice of the quantum by which the Subsequent Fees

exceed the Fee Approval Threshold.

STAY EXTENSION

14. THIS COURT ORDERS that the Stay Period referred to in the Initial Order be and is

hereby extended until the earlier of the CCAA Termination Time or June 29, 2018, or such

later date as this Court may order.

GENERAL

15. THIS COURT ORDERS that, notwithstanding any provision of this Order and the

termination of the within CCAA proceedings upon filing of the Monitor’s Plan Completion

Certificate, nothing herein shall affect, vary, derogate from, limit or amend, and the

Monitor shall continue to have the benefit of, any of the protections in favour of the

Monitor at law or pursuant to the CCAA, the Initial Order, the Plan or any other Order of

this Court in the within CCAA proceedings or otherwise.

13

- 7 -

16. THIS COURT ORDERS that the Monitor shall have the authority from and after the date

of this Order to complete any matters set out in the Fourth Report and any matters that may

be incidental to the termination of these CCAA proceedings or any other matters necessary

to complete these CCAA proceedings as requested by the Applicants and agreed to by the

Monitor.

17. THIS COURT ORDERS that the Express Canada Entities and the Monitor may apply to

this Court from time to time for advice and direction with respect to any matter arising

from or under this Order.

18. THIS COURT ORDERS that this Order shall have full force and effect in all provinces

and territories of Canada and abroad as against all persons and parties against whom it may

otherwise be enforced.

19. THIS COURT ORDERS that the Express Canada Entities (at their sole election) are

hereby authorized to seek an order of any court of competent jurisdiction to recognize this

Order, to confirm this Order as binding and effective in any appropriate foreign

jurisdiction, and to assist the Express Canada Entities, the Monitor and their respective

agents in carrying out the terms of this Order.

20. THIS COURT HEREBY REQUESTS the aid and recognition of any court, tribunal,

regulatory or administrative bodies, having jurisdiction in Canada or in the United States

of America, to give effect to this Order and to assist the Express Canada Entities, the

Monitor and their respective agents in carrying out the terms of this Order. All courts,

tribunals, regulatory and administrative bodies are hereby respectfully requested to make

such orders and to provide such assistance to the Express Canada Entities and to the

Monitor, as an officer of this Court, as may be necessary or desirable to give effect to this

14

- 8 -

Order, to grant representative status to the Monitor in any foreign proceeding, or to assist

the Express Canada Entities and the Monitor and their respective agents in carrying out the

terms of this Order.

15

IN TH

E MA

TTER O

F THE CO

MPANIES’ CRED

ITORS ARRANG

EMENT ACT,

R.S.C. 1985, c. C-36, AS A

MEN

DED

AN

D IN

THE M

ATTER O

F A PLA

N O

F COM

PROM

ISE OR A

RRA

NG

EMEN

T O

F EXPR

ESS FASH

ION

APPA

REL C

AN

AD

A IN

C. and EX

PRESS

CA

NA

DA

GC

GP, IN

C.

Court File No: CV

-17-11785-00CL

ON

TARIO

SUPER

IOR

CO

UR

T OF JU

STICE

PROCEED

ING

COM

MEN

CED A

T TORO

NTO

STAY

EXTEN

SION

&

DISC

HA

RG

E & TER

MIN

ATIO

N O

RD

ER

OSLER

, HO

SKIN

& H

AR

CO

UR

T LLP 100 K

ing Street West

1 First Canadian Place Suite 6200, P.O

. Box 50 Toronto O

N M

5X 1B8

Tracy C. Sandler (LSUC #: 32443N

) Em

ail: [email protected]

Jeremy D

acks (LSUC #: 41851R)

Email: jdacks@

osler.com

W.D

avid Rankin (LSUC# 63261P)

Email: drankin@

osler.com

Tel: 416.362.2111

Fax: 416.862.6666

Lawyers for the A

pplicants

16




IN TH

E MA

TTER O

F THE CO

MPANIES’ CRED

ITORS ARRANG

EMENT ACT,

R.S.C. 1985, c. C-36, AS A

MEN

DED

AN

D IN

THE M

ATTER O

F A PLA

N O

F COM

PROM

ISE OR A

RRA

NG

EMEN

T O

F EXPR

ESS FASH

ION

APPA

REL C

AN

AD

A IN

C. and EX

PRESS

CA

NA

DA

GC

GP, IN

C.

Court File No: CV

-17-11785-00CL

ON

TARIO

SUPER

IOR

CO

UR

T OF JU

STICE

(CO

MM

ERC

IAL LIST)

PROCEED

ING

COM

MEN

CED A

T TORO

NTO

MO

TION

REC

OR

D

(Motion for Stay E

xtension & D

ischarge &

Term

ination Order R

eturnable Decem

ber 8, 2017)

OSLER

, HO

SKIN

& H

AR

CO

UR

T LLP 100 K

ing Street West, 1 First Canadian Place

Suite 6200, P.O. Box 50

Toronto ON

M5X

1B8

Tracy C. Sandler (LSUC #: 32443N

) tsandler@

osler.com

Jeremy D

acks (LSUC #: 41851R)

[email protected]

W.D

avid Rankin (LSUC# 63261P)

[email protected]

Tel: 416.362-2111

Fax: 416.862.6666

Lawyers for the A

pplicants




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