MONTRÉAL, Dec. 18,
2023 /CNW/ - ACE Aviation Holdings Inc. (ACE)
announced today that the court hearing to approve the final
distribution to shareholders and dissolution of ACE will be held on
February 16, 2024, at 2:15 PM at the Montreal Courthouse, located at 1 Notre-Dame
Street East, Montreal, Quebec, H2Y
1B6, in courtroom 16.04.
Liquidation Process
On June 28, 2012, further to the
approval by ACE shareholders on April 25,
2012 of a special resolution providing for the voluntary
liquidation of ACE, the Superior Court of Québec (Commercial
Division) (the "Court") issued an order appointing Ernst
& Young Inc. as liquidator of ACE (the
"Liquidator").
Pursuant to an order issued by the Court on February 25, 2013, the Liquidator established a
process for the identification, resolution and barring of claims
and other contingent liabilities against ACE. Creditors had until
May 13, 2013 to file their proof of
claims, failing which their claims would be barred and
extinguished. The interim consolidated financial statements of ACE
for the nine-month period ended September
30, 2023 and the related management's discussion and
analysis include a description of proofs of claim which were filed
and the status thereof.
Court Hearing to Approve Final
Distribution to Shareholders and Dissolution
The Liquidator intends to seek Court approval of its final
accounts, approval to proceed with a final distribution to the
shareholders of ACE and approval of the dissolution of ACE. The
Court hearing will be held on February 16,
2024, at 2:15 PM at the
Montreal Courthouse, located at 1
Notre-Dame Street East, Montreal,
Quebec, H2Y 1B6, in courtroom 16.04.
The final amount to be distributed to shareholders is currently
estimated to be $5.3 million,
representing all of the remaining cash of ACE less accounts payable
and a reserve to cover the remaining expenses of the liquidation
and dissolution and remaining contingencies.
The Liquidator has posted a copy of the relevant application to
the Court on its website at www.ey.com/ca/aceaviation. Shareholders
and other parties who have questions or require additional
information with respect to ACE and the final distribution and
dissolution process may contact the Liquidator by telephone
(1-855-279-8388 or 416-943-4444) or by fax (1-416-943-3300).
The amount of the final distribution will remain subject to
modification until the final amount of the distribution is
announced following receipt of Court approval. The record date and
payment date for such distribution will be announced by subsequent
press release upon receipt of approval from the Court. Subject to
receipt of the Court approval, the Liquidator currently expects to
proceed with the dissolution of ACE in the first quarter of 2024,
shortly following the payment of the final distribution to the
shareholders.
The distributions to shareholders of ACE will generally be
treated as deemed dividends from a Canadian tax standpoint. Such
deemed dividends will be designated as eligible dividends for the
purposes of the Income Tax Act (Canada).
For additional information with respect to the liquidation of
ACE, refer to the management proxy circular dated March 9, 2012, the interim consolidated financial
statements and related management's discussion and analysis for the
nine-month period ended September 30,
2023 and the other public filings of ACE which are available
at www.sedarplus.ca and www.aceaviation.com.
CAUTION REGARDING
FORWARD-LOOKING INFORMATION
Certain statements in this news release may contain
forward-looking statements. Forward-looking statements may relate
to analyses and other information that are based on forecasts of
future results and estimates of amounts not yet determinable. These
statements may involve, but are not limited to, comments relating
to strategies, expectations, future actions, the timing of the
liquidation, the expected amount and timing of the final
distribution to shareholders and the dissolution of ACE. These
forward-looking statements are identified by the use of terms and
phrases such as "anticipate", "believe", "could", "estimate",
"expect", "intend", "may", "plan", "predict", "project", "will",
"would", and similar terms and phrases, including references to
assumptions. Forward-looking statements, by their nature, are based
on assumptions and are subject to important risks and
uncertainties. Any forecasts or forward-looking predictions or
statements cannot be relied upon due to, amongst other things,
changing external events and general uncertainties of the business.
Actual results may differ materially from results indicated in
forward-looking statements due to a number of factors, including
without limitation, market, regulatory developments or proceedings,
and actions by third parties as well as the factors identified
throughout ACE's filings with securities regulators in Canada and, in particular, those identified in
the Risk Factors section of ACE's 2022 Annual MD&A dated
April 28, 2023. ACE will continue to
incur operating costs and fees for the duration of the dissolution
process. The forward-looking statements contained in this news
release represent ACE's expectations as of the date they are made,
and are subject to change after such date. However, ACE disclaims
any intention or obligation to update or revise any forward-looking
statements whether as a result of new information, future events or
otherwise, except as required under applicable securities
regulations.
SOURCE ACE Aviation Holdings Inc.