Monetizing Public Listings In Receiverships

The Commercial List of the Ontario Superior Court of Justice recently granted an order structurally similar to a reverse vesting order in the receivership proceedings of Vert Infrastructure Ltd. (Vert). This first-of-its-kind order was granted on the motion of Vert's receiver, KSV Restructuring Inc. (KSV).¹

The order, granted on June 8, 2021, allowed KSV to monetize Vert's public shell to the benefit of Vert's creditors, while vesting Vert's assets and liabilities in a trust and appointing KSV as trustee, terminating the receivership of Vert itself but continuing the administration of its assets and claims in the trust in an identical fashion to the receivership.

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