canada


Commencement Date: 
06/28/2012
Country, State of Foreign Proceeding: 
United States, District of Delaware
Canadian Court: 
Ontario Superior Court of Justice (Commercial List)
Summary: 
Durabla Manufacturing Company (a U.S. corporation) and its affiliate, Durabla Canada Ltd. (a Canadian corporation), commenced voluntary petitions for relief in the U.S. pursuant to Chapter 11. Subsequently, the two companies obtained an order for a procedural consolidation. On the application of the debtors, the Canadian Court ordered and declared that the COMI of Durabla Canada Ltd. was in Canada, that the COMI of Durabla Manufacturing Company was in the U.S., and that Durabla Canada Ltd. was the “foreign representative.” While Durabla Manufacturing Company had all of its operations, sales and customers in the U.S., Durabla Canada Ltd. had its employees, officers, manufacturing facilities and offices in Canada. Further, the Canadian Court recognized that the foreign proceeding was a “foreign main proceeding” in respect of Durabla Manufacturing Company and a “foreign non-main proceeding” in respect of Durabla Canada Ltd. Finally, the Canadian Court ordered that certain U.S. orders be recognized and given full force.