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Canadian Association of Insolvency and Restructuring Professionals
CAIRP Annual Report 2013-2014
StrategyLaunched
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THE VISION STATEMENT OF THE ASSOCIATION IS:
“CAIRP members are recognized leaders in providing solutions to financially challenged individuals and
businesses and are the Go-To Professionals for expertise, information and solutions regarding insolvency and
restructuring”
THE VALUE STATEMENT OF THE ASSOCIATION IS:
"CAIRP and its members are committed to professionalism, trustworthiness and objectivity."
THE MISSION STATEMENT OF THE ASSOCIATION IS:
"To:
educate and support its members in providing insolvency, restructuring and related advisory services in a
manner that instils the highest degree of public trust; and
advocate for a fair, transparent and effective system of insolvency and restructuring administration throughout
Canada."
2013/2014 EXECUTIVE COMMITTEE
Left to right: David Wood, Paul Casey, Chantal Gingras, Ian Penney, Anthony Tillman and Mark Yakabuski
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2013/2014 BOARD OF DIRECTORS
CHAIR
Paul M. Casey, CPA, CA, CIRP
Toronto, ON
VICE-CHAIR
David Wood, CIRP
Vancouver, BC
SECRETARY
Chantal Gingras, CIRP
Gatineau, QC
CPA CANADA REPRESENTATIVE
Ian Penney, CA, CIRP
St. John’s, NL
TREASURER
Anthony Tillman, CA, CIRP
Vancouver, BC
PRESIDENT AND CHIEF OPERATING OFFICER
Mark Yakabuski, B.A. (Hons.)
Toronto, ON
ALBERTA
Vanessa Allen (formerly Grant), CIRP
BRITISH COLUMBIA
Craig Munro, CA, CIRP
MANITOBA
Bruce Caplan, CA, CIRP
NEW BRUNSWICK
Matthew Munro, CGA, CIRP
NEWFOUNDLAND and LABRADOR
Nancy Snedden, CA, CIRP
NOVA SCOTIA
Robert Hunt, CA, CIRP
ONTARIO
André Bolduc, CPA, CA, CIRP
Sharon S. Hamilton CPA, CA, CIRP
QUEBEC
Stéphane Lachance, CPA, CA, CIRP
SASKATCHEWAN
Jennifer Kelly, CIRP
NEW MEMBER REPRESENTATIVE
Gordon Boersma CMA, CIRP
OUTSIDE DIRECTOR
Hon. Yoine Goldstein, B.A., B.C.L. (Hon.), D.E.C.D.,
D.de l’U. (Hons), L.L.D., Ad.E.
ADVISORY COUNCIL
1979-80 L. Claude Mercure, FCIRP (ret.)*
1980-81 Keith G. Collins, FCPA, CA, FCIRP*
1981-82 Ian K. Strang, FCA, FCIRP*
1982-83 C. Garth MacGirr, FCPA, CA, FCIRP (ret.)
1983-84 Donald J. Henfrey, FCA, FCIRP (ret.)
1984-85 Gary F. Colter, FCPA, CA, FCIRP (ret.)
1985-86 John J. Swidler, FCPA, CA, FCIRP
1986-87 Beverly W. Fowler, FCIRP (ret.)
1987-88 Alan G. Driver, FCIRP (ret.)
1988-89 George B. Lomas, FCA, CFE, FCIRP
1989-90 Terence M. McMullen, FCA, FCIRP (ret.)
1991-92 J. Alan MacKinnon, FCA, FCIRP (ret)
1992-93 Uwe Manski, FCPA, FCA, FCIRP
1993-94 William J. Drake, FCA
1994-95 Gilles Campeau, FCIRP (ret.)
1995-96 Stephen H. Barnes, FCIRP (ret.)
1996-97 Ralph W. Peterson, FCIRP (ret)
1997-99 Robert O. Sanderson, FCA, CA, FCIRP
1999-01 Peter D. Wedlake, LL.B., FCIRP
2001-03 Larry W. Prentice, FCA, CA, FCIRP
2003-05 William Alan Courage, CPA, CA, FCIRP
2005-07 Claude Gilbert, FCPA, FCA, FCIRP
2007-09 Alan H. Spergel,
B.Comm., CPA, CA, CFE, FCIRP
2009-11 Kevin Brennan, CA, FCIRP
2011-13 Guylaine Houle, BCL, FCIRP
* Deceased
ASSOCIATION STAFF
President and Chief Operating Officer
Mark Yakabuski, B.A. (Hons.)
Director of Finance & Administration
Ali Hemani, CGA
Director of CAIRP Education Programs
Bea Casey, B.Sc., MBA
Communications Manager
Andrew Flynn, B.A., MJ
Membership and Committee Relations Manager
Baalqis Hassan, B.A.
Registrar, CIRP Qualification Program
Isabelle Gauthier
Executive Assistant to the President and Chief Operating
Officer
Sophia Harris, B.Sc., MSc.
CQP Administrator
Renzo Libaque, B.Sc.
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CHAIR’S MESSAGE
It is with pride that your
Board of Directors presents
the CAIRP Annual Report
for the year ended March
31, 2014. We view our
past year as wholly
successful in delivering
value to our members, our
clients, our colleagues in
the restructuring and
insolvency profession, and the public. In addition to
presenting another successful season of continuing
education and CQP programming, we have further
advanced the four strategic goals of our 2012 Strategic
Plan.
While the detailed reports from our hard-working
Committee and Task Force Chairs will list the activities,
successes, and volunteer professionals of these groups, I
highlight our 2013/2014 performance in continuing
education, CQP and finance and administration to
demonstrate our commitment to CAIRP’s value and
mission statements, and to the implementation of our
Strategic Plan. If you haven’t referenced this recently,
you can access our 2012 Strategic Plan at
http://www.cairp.ca/_files/file.php?fileid=filewSttiSXkEr
&filename=file_Strategic_Plan_2012__version_15_FIN
AL_ENG.pdf.
Continuing Education
With the strong leadership of our continuing education,
commercial program and annual conference Chairs and
CAIRP staff, we presented another outstanding season of
programming across the country. In order, CAIRP
Forums were held in Winnipeg, Vancouver, Edmonton,
Toronto, Halifax and Montreal, and provided members
and non-members with the opportunity to hear and share
valuable insights on key industry issues. The sessions
were very well attended with vigorous audience
participation.
In March of this year, CAIRP celebrated the Tenth
Anniversary of our popular Commercial Insolvency &
Restructuring Program in Toronto. Delegates were
treated to engaging industry and technical panels and
presentations, an outstanding discussion from a panel of
commercial insolvency judges, and even a mock pitch
where advisors presented their cases to a panel of special
loans lenders for real-world feedback. We are also
pleased to report that CAIRP received unprecedented
support from our members and legal partners for the
2014 Program.
Our flagship continuing education event, the Annual
Conference, was held in St. John’s, Newfoundland last
August and featured General (Ret.) Rick Hillier as our
keynote speaker. More than 220 members, presenters and
corporate partners were treated to Newfoundland’s finest
hospitality, while taking in the technical, economic and
social curriculum.
These programs demonstrate our Association’s
commitment to educating and supporting our members in
providing insolvency, restructuring and related advisory
services in a manner that instills the highest degree of
public trust.
CIRP Qualification Program (CQP)
The signing of the Memorandum of Understanding with
the Superintendent of Bankruptcy on October 8, 2009
saw the repatriation of the CQP back to CAIRP. Since
then, we have overhauled the Introductory, Core
Knowledge and Advanced Knowledge courses, and have
fully implemented our competency-based National
Insolvency Exam. To support our articling associates, we
have continued to evolve and enhance our annual tutorial,
and have added significant content related specifically to
competency-based exam preparation, including theory,
representative questions, and personal feedback on
solutions.
In October, 2013, 100 candidates from across the country
challenged the CNIE at over 20 centres and we
welcomed 54 new CIRPs to membership.
Congratulations to our new members!
To state the obvious, our qualification program is perhaps
the most important element in developing and qualifying
future leaders for our profession, and maintaining and
growing our reputation as the “Go-To Professionals” for
expertise, information and solutions regarding insolvency
and restructuring.
Finance and Administration
You will see from our audited financial statements and
Treasurer’s Report that CAIRP has maintained its strong
financial position over the course of fiscal 2014.
Revenues over expenses for the year were basically
breakeven at $2,000 (2013 - $458,000), resulting in
substantially unchanged restricted and non-restricted
equity available to invest in the goals of the Association.
This year’s results reflect the forecast decline in CQP
enrollment (but not to the extent budgeted). Certain
budgeted disbursements for CQP development and
maintenance, and for communications initiatives, did not
fully accrue this year, and will continue into the 2015
year.
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CAIRP is led by a strong senior management team under
the guidance of our President and COO, and our
Directors of Education and Finance and Administration.
The “back office” is running very smoothly allowing
CAIRP staff and the Board to focus on strategic
initiatives and goals.
I urge you to review the 2013 – 2014 Annual Report in
detail. This was a very successful year for your
Association, but there is much more to do. With our
team, expertise and resources, your Board is confident
that we can continue to meet our goals and deliver on our
Mission Statement.
One final comment: Note 1(h) in the notes to CAIRP’s
2013 financial statements discloses that “the work of the
Association is dependant on the voluntary service of
many individuals”. I suggest that this statement, while
accurate, is materially understated. We loosely estimate
that over 220 of our members volunteered their
professional time to CAIRP to deliver our continuing and
CQP education programs, sit on Committees or Task
Forces, or participate in critical administrative matters in
2013-2014. This is a meaningful percentage of our
membership, and demonstrates your commitment to our
profession. Our success this year is due to your effort.
Thank you.
Paul, M. Casey, CPA, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
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2013-2014 COMMITTEES
ANNUAL CONFERENCE (2013)
* Chantal Gingras, CIRP QC
Mark Yakabuski, B.A. (Hons.) ON
Paul M. Casey, CPA, CA, CIRP ON
Virginie Comtois, CPA, CA, CIRP QC
John P. Haralovich, CA, CMA, CIRP, CFE ON
Ali R. Hemani, CGA ON
Craig Munro, CIRP BC
BOARD OF DIRECTORS
* Paul M. Casey, CPA, CA, CIRP ON
David Wood, CIRP BC
Chantal Gingras, CIRP QC
Anthony Tillman, CA, CIRP BC
Ian Penney, CA, CIRP NL
Vanessa Allen (formerly Grant), CIRP AB
Gordon Boersma, CMA, CIRP AB
André Bolduc, CPA, CA, CIRP ON
Bruce Caplan, CA, CIRP MB
Sharon S. Hamilton, CPA, CA, CIRP ON
Robert Hunt, CA, CIRP NS
Jennifer Kelly, CIRP SK
Stéphane Lachance, CPA, CA, CIRP QC
Craig A. Munro CA, CIRP BC
Matthew Munro, CGA, CIRP NB
Nancy Snedden, CA, CIRP NL
° Hon. Yoine Goldstein, B.A., B.C.L. (Hons.),
D.E.C.D., D.de l’U. (Hons.), LL.D., Ad.E QC
COMMERCIAL PROGRAM (2013) * Michelle Pickett, CFA, CIRP ON
Mark Yakabuski, BA (Hons.) ON
Amanda Bezner, CPA, CA, CIRP ON
Hartley Bricks, CPA, CA, CIRP ON
Simone Carvalho, CIRP ON
Alan Hutchens, CPA, CA, CIRP ON
Alex MacFarlane ON
Brad Newton, CPA, CA, CIRP, CBV ON
Ken Pearl, CPA, CA, CIRP ON
Jeffrey Rosenberg, CPA, CA, CIRP ON
Daniel Sobel, CIRP ON
Sharon S. Hamilton, CPA, CA, CIRP ON
COMMUNICATIONS
* Paul M. Casey, CPA, CA, CIRP ON
David Wood, CIRP BC
Guylaine Houle, BCL, FCIRP QC
Mark Yakabuski, BA (Hons.) ON
Francyne Hunter, CIRP NS
Debora Kwasnicky, CIRP BC
CONTINUING EDUCATION (2013)
* Joseph Healey, CA, CIRP MB
Kimberley Burke, CIRP NS
Mark Yakabuski, BA (Hons.) ON
Steven Bissell, CIRP ON
Rebecca Frederick, CIRP AB
Jennifer Kelly, CIRP SK
Melinda McKie, CMA, CIRP BC
Patrick Poupart, CIRP QC
Robert Hunt, CA, CIRP NS
CORPORATE PRACTICE
* Jonathan Krieger, CPA, CA, CIRP ON
Stephen Ferguson, CPA, CA, CIRP ON
Jodat Hussain, CPA, CA, CIRP ON
Eugene P. Migus, CPA, CA, CIRP ON
Emmanuel Phaneuf, CIRP QC
Wendy Santoro, CPA, CA, CIRP ON
Stéphane Lachance, CPA, CA, CIRP QC
CIRP QUALIFICATION PROGRAM (CQP)
* Jean-Daniel Breton, CPA, CA, FCIRP QC
Virginie Comtois CPA, CA, CIRP QC
Prof. Gail Fayerman, MBA, CPA, CA QC
André Greenwood, CIRP ON
Guy Odhams, CA, CIRP AB
• Joanne S. McKee ON
Vanessa Allen (formerly Grant), CIRP AB
DISCIPLINE
* Peter D. Wedlake, LL.B., FCIRP NS
Paul M. Casey, CPA, CA, CIRP ON
Mark Yakabuski, BA (Hons.) ON
John Bottom, CA, CIRP BC
Harold Brief, FCPA, CA, CIRP (ret.) ON
Keith W. Caverly, CIRP (ret.) ON
Robert A. Cordy, CIRP NS
Robert J. Deniset, CA, CIRP MB
Gaetano Di Guglielmo, CPA, CA, CIRP QC
Mathew M. Harris, FCA, CA, CIRP NS
Bruce Hudson, CA, CIRP AB
Richard S. Janes, CIRP NL
David A. Johnson, CGA, CIRP, CFE MB
James A. Kirby, CA, CIRP NS
Victor P. Kroeger, CA, CIRP AB
George B. Lomas, FCA, CFE, FCIRP AB
Tim Ludwig, CA, CIRP AB
Uwe Manski, FCPA, FCA, FCIRP ON
Allan D. Marshall, B.B.A., CIRP NB
Frank C. Miller, CPA, CA, CIRP ON
Lloyd W. Murphy, CA, CIRP BC
Carl M. Ritchie, CCCE, CFE, CIRP (ret.) ON
Ira Smith, MBA, CPA, CA, CIRP ON
Kenneth C. Stonley, CIRP (ret.) ON
John J. Swidler, FCA, FCIRP, BCL QC
Bryan Tannenbaum, FCPA, FCA, FCIRP ON
EDITORIAL ADVISORY BOARD
* Larry Prentice, FCA, CA, FCIRP BC
Paul M. Casey, CPA, CA, CIRP ON
Mark Yakabuski, BA (Hons.) ON
Mary Buttery, LL.B BC
Virginie Comtois, CPA, CA, CIRP QC
Richard M. Harris, FCPA, FCA, FCMC, CIRP ON
Derek Hynes ON
Jeff Lee, Q.C. SK
Sanjeev Mitra, LL.B ON
Martin Rosenthal, CPA, CA, CIRP QC
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EXECUTIVE
* Paul M. Casey, CPA, CA, CIRP ON
David Wood, CIRP BC
Chantal Gingras, CIRP QC
Anthony Tillman, CA, CIRP BC
Ian Penney, CA, CIRP NL
Mark Yakabuski, BA (Hons.) ON
FINANCE
* Anthony Tillman, CA, CIRP BC
Paul M. Casey, CPA, CA, CIRP ON
Mark Yakabuski, BA (Hons.) ON
André Greenwood, CIRP ON
Ali Hemani, CGA ON
John Page, FCPA, FCA, CIRP ON
HONOURS AND AWARDS NOMINATING
* George B. Lomas, FCA, CFE, FCIRP AB
Guylaine Houle, BCL, FCIRP QC
Mark Yakabuski, BA (Hons.) ON
Gilles Campeau, FCIRP (ret.) QC
Donna Collins, BA, B.Comm. (Hons.), FCIRP MB
William Courage, CPA, CA, FCIRP ON
C. Garth MacGirr, FCPA, CA, FCIRP (ret.) ON
J. Alan MacKinnon, FCA, FCIRP (ret) NL
Larry W. Prentice, FCA, CA, FCIRP BC
Ian Penney, CA, CIRP NL
INTERVENTION
* Michael Cheevers, CA, CIRP, CBV, CFE BC
Mark Yakabuski, BA (Hons.) ON
Philippe Bélanger, LL.B., BCL QC
Jean-Daniel Breton, CPA, CA, FCIRP QC
Christopher P. Galea, CPA, CA, CFE, CIRP ON
Peter D. Wedlake, LL.B., FCIRP NS
° Hon. Yoine Goldstein, B.A., B.C.L. (Hons.),
D.E.C.D., D.de l’U. (Hons.), LL.D., Ad.E QC
MEDIA COMMUNICATIONS
* François Noel, CIRP QC
Mark Yakabuski, BA (Hons.) ON
Nathalie Brault, CPA, CMA, CIRP QC
Jean-François Cliche, CIRP QC
Michelle Grant, CIRP BC
Maryann Marriott, CIRP NS
Graham Morris ON
Matthew Munro, CGA, CIRP NB
Ashvin Sharma, CIRP ON
Jennifer Kelly, CIRP SK
NEW MEMBERS
* Adam Fisher, CPA, CA, CIRP ON
Paul M. Casey, CPA, CA, CIRP ON
Guylaine Houle, BCL, FCIRP QC
Mark Yakabuski, BA (Hons.) ON
Kim Burke, CIRP NS
Jean-François Cliche, CIRP QC
Jennifer McCracken, CIRP BC
Mathieu Roy, LL.B., LL.M., CIRP QC
Eric Sirrs, CIRP AB
Allen Yao, CPA, CA, CIRP ON
Gordon Boersma, CMA, CIRP MB
NOMINATING
*Paul M. Casey, CPA, CA, CIRP ON
Guylaine Houle, BCL, FCIRP QC
Mark Yakabuski, BA (Hons.) ON
Kevin Brennan, CA, FCIRP BC
Mark S. Rosen, BA, LL.B., FCIRP NS
Ian Penney, CA, CIRP NL
PROFESSIONAL CONDUCT *Angela Karen Pollard, CMA, CFE, FCIRP ON
Russell D. Law, CA, CFE, CIRP BC
Mark Yakabuski, BA (Hons.) ON
Sherri L. Aberback, CFE, CIRP QC
E. Dean Burlingham, MBA, CA, CIRP SK
Gregory Gosse, CMA, CIRP NL
Stanley Hopkins, CA, CIRP NS
Robert D. Johnson, CA, CIRP NB
Brad Milne, CIRP MB
Valerie Norrish, CIRP AB
Bruce Caplan, CIRP MB
* Chair
• Office of the Superintendent of Bankruptcy
° Outside Board member
Board of Directors Liaison
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2013-2014 TASK FORCES
ADVERTISING DIRECTIVE
* Matthew Munro, CGA, CIRP NB
Mark Yakabuski, BA (Hons.) ON
Vanessa Allen (formerly Grant), CIRP AB
Martin Clermont QC
Brian Doyle, CPA, CA, CIRP ON
Trevor Pringle, CFE, CIRP ON
Nancy Snedden, CA, CIRP NL
CONSUMER ADVOCACY
* André Bolduc, CPA, CA, CIRP ON
David Wood, CIRP BC
Chantal Gingras, CIRP QC
Guylaine Houle, BCL, FCIRP QC
Mark Yakabuski, BA (Hons.) ON
Leah Drewcock, CIRP BC
Debora Kwasnicky, CA, CIRP BC
Stanley Hopkins, CA, CIRP NS
CORPORATE ADVOCACY
* Mark Wentzell, LL.B., CA, CIRP BC
Michael Krieger, CIRP ON
Bryan A. Tannenbaum, FCPA, FCA, FCIRP ON
Mitchell Vininsky, CIRP ON
MANDATORY COUNSELLING
* Colleen Craig, CA, CIRP BC
Chantal Gingras, CIRP QC
Mark Yakabuski, BA (Hons.) ON
Mike Braga, CIRP ON
Ian Penney, CA, CIRP NL
MEDIA
* George Kinsman, CA, CIRP NS
Mark Yakabuski, BA (Hons.) ON
Nathalie Brault, CPA, CMA, CIRP QC
Jeremy Kroll, CPA, CA, CIRP ON
Kenneth Robbs, BAA, CIRP ON
Sharon Stapley, CIRP AB
MOU REVISION
**Kevin Brennan, CA, FCIRP BC
**Jean-Daniel Breton, CPA, CA, FCIRP QC
Erez Cukierman, CIRP ON
Jennifer McCracken, CIRP BC
Guy Odhams, CA, CIRP BC
TARIFF REVIEW
* Virginie Comtois, CPA, CA, CIRP QC
David Wood, CIRP BC
Chantal Gingras, CIRP QC
Mark Yakabuski, BA (Hons.) ON
Hon. Yoine Goldstein, B.A., B.C.L. (Hons.),
D.E.C.D., D.de l’U. (Hons.), LL.D., Ad.E QC
Jim Moses, CIRP AB
David Stewart ON
Peter Wedlake, FCIRP NS
Melanie Wengle, BA, LL.B., CIRP ON
Randy West, CA, CIRP BC
* Chair
** Co-Chair
• Office of the Superintendent of Bankruptcy
° Outside Board member
Board of Directors Liaison
CAIRP APPOINTMENTS TO OTHER
ORGANIZATIONS
William Alan Courage, CPA, CA, FCIRP
INSOL International, Board of Directors, Finance Committee
and Small Practice Membership Issues Committee
Robert O. Sanderson, FCA, CA, FCIRP
INSOL International, Past Presidents Advisory Committee
C. Garth MacGirr, FCPA, CA, FCIRP (ret)
INSOL International, Past Presidents Advisory Committee
Brock J. Edgar, CPA, CA, CIRP
INSOL International, Latin America Committee
Douglas R. McIntosh, CPA, CA, CIRP
INSOL International, USA/Canada Membership Development
Committee
Allan Nackan, CPA, CA, CIRP
INSOL International, INSOL Fellowship Committee
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2013-2014 COMMITTEES
THE 2013 ANNUAL CONFERENCE
ST. JOHN'S, NEWFOUNDLAND AND LABRADOR
"What a time we had at the 2013 Annual CAIRP Conference!"
More than 220 CAIRP members, presenters, and
corporate partners were treated to some of
Newfoundland's finest hospitality at the 2013 CAIRP
Annual Conference at the Sheraton Hotel Newfoundland
in St. John's, from August 15th to 17th.
Kicking off the conference was the inspiring speech by
General Rick Hillier (Ret.), former Chief of Defence
Staff for the Canadian Forces, who spoke to us about
leadership in tough times: a topic that all members can
relate to, whether they are involved with a corporate
insolvency file or a consumer debtor situation. In
attendance by special invitation were thirteen uniformed
personnel of the Canadian Forces Base-St. John's, from
various units of the army, navy and air forces, who
reminded all of us of the freedoms we enjoy today.
The keynote address was followed by Dr. Warren Jestin,
Senior Vice-President and Chief Economist of
Scotiabank, who presented us with a global and national
economic update. We were then brought up to date on
some international insolvency activities through an
informative presentation by James Sprayregen, President
of INSOL International.
The technical program was structured so that four
breakout sessions were geared to the consumer
practitioner, and another four to the corporate
practitioner. We were successful in obtaining some very
talented and interesting speakers to discuss current hot
topics, and thanks to all of you.
Our final plenary session, about the future of our
industry, was presented by William Courage, Jean-
Daniel Breton and Paul Casey, three of our senior
association members, and what a session it was. The
"boys" did a superior job in attempting to look into the
crystal ball and see where we as an association (and
profession) are headed. It is fair to say that delegates
went away with considerable food for thought; wow!
Although a representative from the Office of the
Superintendent of Bankruptcy was not able to attend this
year's conference, CAIRP appreciates the strong
participation of the OSB in the 2013 Forums this past
spring, and looks forward to welcoming the
Superintendent to the 2014 Annual Conference in
Ottawa.
There were annual general meetings for the CIF and
CAIRP, and a presentation by Guylaine Houle, outgoing
Chair of our Association, outlining the highlights and
activities of the past year.
Wrapping up the conference was the Chair's banquet
dinner and dance, which included remarks from the
incoming Chair, Paul Casey, on the initiatives and future
plans of the Association.
Our social program was second to none, including a
welcome reception on the opening night, and fun and
informative afternoon activities that were enjoyed by all:
golf on two separate courses, a Signal Hill and Cape
Spear tour, and a birds and whales boat tour. And on
Friday evening, all were on hand for the "Rally in the
Ally" George Street Pub Crawl: a night that will be
forever remembered!
Many, many thanks go to our corporate partners, without
whose financial support we would not be able to do
everything that we were able to do: THANK YOU.
To everyone who attended the conference, thank you for
your participation, for we could not have done it without
you, either.
Last but not least, thank you very much to all the 2013
Annual Conference Committee members: Chantal
Gingras, Noel Andrews, Greg Gosse, Nancy Snedden,
Mark Yakabuski, Bea Casey, Ali Hemani, and my
"right hand" event planner, Emma Flood. A special
thanks also goes to Adam Hutchens, our golf coordinator.
Thanks a million for all of your support and assistance.
As Chair, I had a blast hosting the 2013 Conference.
Again, many thanks to everyone who attended and made
it the success that it was. Derrick J. Hutchens, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
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COMMERCIAL PROGRAM
The 10th
annual Commercial Insolvency and
Restructuring program was held on March 27, 2014 at
the Toronto Region Board of Trade. The program was
sold out with record attendance, a testament to the quality
and value provided by this annual event in terms of
professional development and networking opportunities.
In recognition of the 10th
anniversary of the Commercial
program, attendees received a commemorative pen.
Former Chairs of the Commercial Program committee
were invited to attend the event as guests and were
acknowledged and thanked for their contribution to the
success of the Commercial Program.
Prior to the start of the program and during breaks,
congratulatory quotes and support from former Chairs
and sponsors of the 2014 Commercial Program appeared
on screens throughout the room.
We were fortunate to have two keynote speakers at this
year’s Commercial Program. Bill Aziz, President, Blue
Tree Advisors, started the day with his thought-
provoking views on current issues and trends in
restructuring. Benjamin Tal, Deputy Chief Economist,
CIBC World Markets, provided an entertaining economic
overview and forecast for the Canadian and European
economies.
In addition to the keynote speakers, there were four panel
presentations this year. Brent Houlden (Deloitte)
moderated an Industry Panel on Retail, with Ken Jones
(Dean Emeritus, Ted Rogers School of Management at
Ryerson University), Craig Gilpin (The North West
Company) and Brett Miller (Jones Lang LaSalle)
discussing the changes taking place in Canadian retail.
Pamela Huff (Blakes) moderated a panel of judges
including Regional Senior Justice Geoffrey Morawetz,
Justice David Brown, Justice Herman Wilton-Siegal of
the Ontario Superior Court and Justice Mark Schrager of
the Quebec Superior Court that discussed the role of the
court officer, potential conflicts of interest and
recommended improvements to court reports.
Ryan Adlington (KPMG) moderated two mock pitches
to a panel of lenders. The team of Toni Vanderlann
(FTI) and Robb English (A&B) fought hard to convince
the lenders that a Court Appointed Receivership was the
best solution to address a multitude of company issues
and maximize recoveries for the lending syndicate.
Ultimately, the lender panel supported the CCAA
restructuring solution presented by Leanne William
(TGF) and Alex Morrison (EY) as the preferred means
of restructuring the business. The panel’s analysis of the
situation and key considerations in their decision to
support a CCAA filing was enlightening to all.
The final session, moderated by Shayne Kukulowicz
(Cassels Brock & Blackwell), discussed recent
developments in the area of construction liens and
director liabilities emanating from the Comstock Canada
and Northstar Aerospace proceedings. Panelists Harvey
Chaiton (Chaitons), Robin Schwill (Davies), Craig Hill
(BLG) and Paul Guy (Weirfoulds) provided their inside
perspectives on the key Court decisions stemming from
these cases and the impact of these decisions on future
restructuring files.
This year’s Committee included the following highly
focused and committed volunteers: Alex MacFarlane
(Gowlings), Brad Newton (KPMG), Hartley Bricks
(Deloitte), Ken Pearl (BDO), Jeffrey Rosenberg, (FTI),
Amanda Bezner, (Duff & Phelps), Simone Carvalho
(EY), Al Hutchens (A&M) and Daniel Sobel (GT). As
CAIRP Board Liaison, Sharon Hamilton (EY) provided
invaluable assistance throughout planning and
implementation. I wish to thank all the members of this
Committee for their hard work, focus and dedication,
making this a very successful program.
I would like to take this opportunity to also thank our
many sponsors, who contributed significantly to the
program`s financial success. Our law firm sponsors
included Aird & Berlis, Borden Ladner Gervais, Blake
Cassels & Graydon, Cassels Brock, Chaitons LLP,
Davies Ward Phillips & Vineberg, Dentons, Dickinson
Wright, Gowlings Lafleur Henderson, Lenczer Slaght,
McMillan, Miller Thompson, Minden Gross, and
Thornton Grout Finnigan. Trustee firms sponsoring the
event included Alvarez & Marsal, BDO Canada Limited,
Deloitte Restructuring Inc., Duff & Phelps, Ernst &
Young, Farber Financial Group, FTI Consulting, Grant
Thornton, KPMG, PwC and Richter.
Finally, I would like to extend my thanks to CAIRP staff
for their ongoing support throughout the process.
Michelle Pickett, CFA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
10
CONTINUING EDUCATION
The Continuing Education Committee is responsible for
planning and delivering the annual spring “roadshow” of
CAIRP Forums across the country. Each year, these
Forums are attended by the majority of our members, and
for many of you, represents the main “touch point”
between CAIRP members and the Association.
Forums were held in Vancouver, Calgary, Winnipeg,
Toronto, Montreal and Halifax during the month of May.
As always, they provided a valuable professional
development opportunity for CAIRP members practising
principally in mid-market commercial and consumer
insolvency practices. This year’s attendees hopefully
noticed a deliberate and conscious effort by the
committee to deliver content and sessions squarely
focused in this area – we have listened and responded to
your feedback.
The Continuing Education Committee is very active from
September to May, and comprises a number of dedicated
and highly committed CAIRP volunteers who invest
significant time and effort to the development of the
profession. Our aim is to ensure that the programs
presented across the country are relevant, engaging and
of high quality.
Committee members, from different geographic regions
and practice types, included Kimberley Burke, BDO
Canada Ltd. (NS) (Vice Chair), Patrick Poupart,
Poupart Syndic Inc. (QC), Steve Bissell, FTI Consulting
Canada Inc. (ON), Sandra Sykora and Julie Wildman,
Hoyes Michalos & Associates Inc. (ON), Jennifer Kelly,
Pinder, Bueckert & Associates Inc. (SK), Rebecca
Frederick, Frederick & Company Ltd. (AB), and
Melinda McKie, Deloitte Restructuring Inc. (BC).
Robert Hunt, as CAIRP Board Liaison, was very active
in our planning sessions and provided invaluable
assistance throughout the process.
Three years marks a trend that hopefully turns into a
staple for future Forums. Each city hosted a New
Members Breakfast targeted toward students and CAIRP
members with five years or less experience. Experienced
volunteers in each city discussed the “Future of the
Profession”, a roundtable discussion on themes and
trends that will be experienced by these members as they
progress in their careers, and how they can play a role in
shaping the future of CAIRP – a worthwhile endeavour
indeed!
The main program for the Forums kicked off with
updates from either the chair or vice chair of CAIRP. In
addition, we were pleased to receive updates from the
Office of the Superintendent of Bankruptcy at each of the
Forums.
The 2013-2014 Forum saw the return of breakout
sessions for those practicing in either consumer or mid-
market commercial matters. The consumer breakout
session focused on hot topics of interest (individual
topics varied by region based on provincial board
feedback), while the corporate session dealt with
refinancing of distressed businesses.
Preet Banerjee provided the keynote luncheon address,
and spoke of his research into why people are “hard-
wired” to make bad money decisions. It was an engaging
and thought-provoking session that brought some insight
into the behaviour and thinking of persons facing
financial difficulties.
This year, the committee introduced the use of live
polling technology in an interactive session that delved
into ethics and professionalism. The presenters made
excellent use of case studies and scenarios gleaned from
issues often encountered by the professional conduct
committee.
Finally (and certainly not least), the Forum covered the
legal technical updates for both commercial and
consumer insolvency issues that our audiences are keen
to hear annually.
Your Continuing Education Committee wants to hear
from you – what topics and/or speakers would be
interesting? We will commence the planning process for
2014-15 in early September, and any feedback will be
warmly received.
My personal and sincere thanks go out to the many
people who worked to make the 2013-2014 Forums an
outstanding success. First, I wish to thank all the
members of the Committee for their hard work and
tireless effort to ensure the success of the Program. I
would also like to acknowledge the outstanding
dedication of speakers and panel members for their
commitment to the education of our members. Finally, I
want to thank CAIRP staff (particularly Bea Casey) and
Emma Flood of Base Consulting for their support
throughout the year.
Joe Healey, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
11
CIRP QUALIFICATION PROGRAM
The CIRP Qualification Program (“CQP” or
“Program”) is CAIRP’s educational program leading to
the certification of individuals as chartered insolvency
and restructuring professionals. Pursuant to a
memorandum of understanding (“MOU”) with the Office
of the Superintendent of Bankruptcy (“OSB”), the CQP
is also the program recognized and accepted by the OSB
as a prerequisite (save for exceptional circumstances) to
obtaining a licence as a trustee in bankruptcy.
The CQP is managed and developed through a series of
interrelated, coordinated, collaborating committees,
subcommittees and task forces. During CAIRP’s fiscal
year ended March 31, 2014, the committees and
subcommittees and their principal mandates included:
The CQP Committee (“CQPC”) (chaired by Jean-
Daniel Breton of Ernst & Young Inc.): The CQPC is
a small committee of 5 regular members and one
representative from the OSB sitting as an ex-officio
member. Its mandate is to supervise the CQP and
provide overall leadership and direction to the
program.
The Course Material Review Committee (“CMRC”)
(chaired by Brenda Wood of BDO Canada Ltd.):
The CMRC is charged with reviewing the existing
course material and developing new material to
ensure that the prescribed course of study remains
relevant, accurate and complete.
The Exam Oversight Committee (“EOC”) (chaired
by Catherine Hristow of Deloitte Restructuring Inc.
until the Fall of 2013 and currently chaired by Carol
McGran of Ernst &Young Inc.): The EOC is
charged with setting the examination standards and
reviewing and approving the proposed examinations
drafted by two examination committees, namely:
o The Competency based National Insolvency
Examination for CIRPs Board (the “CNIE”
Board) (chaired by Carol McGran of Ernst &
Young Inc. until the Fall of 2013 and currently
chaired by John Delo of Paddon & Yorke Inc.):
The CNIE Board is responsible for developing the
annual national insolvency examination that seeks
to assess the candidates’ competencies, to prepare
assessment guidelines and manage the
examination and assessment process.
o The Core Knowledge Examination (“CKE”)
Committee (chaired by Michael Braga of BDO
Canada Ltd.): The CKE Committee is responsible
to develop examinations, to be held twice per year
for candidates enrolled in the CKE who want to
progress to the Advanced Knowledge Course.
The Exam Appeal Committee (co-chaired by
Catherine Hristow of Deloitte Restructuring Inc. and
Carol McGran of Ernst & Young Inc.): The Exam
Appeal Committee is formed on an ad hoc basis to
create an appeal board made up of people who are
different from the original assessors, but supervised
by people drawn from the EOC, as the members of
the EOC have an in depth familiarity with the exam
setting and assessment processes.
In addition to the prime responsibilities that are outlined
above, the various committees and subcommittees
undertook the following significant projects, either as
part of the regular committee business or through task
forces:
1. Developing a Sponsor’s manual to assist sponsors in
their task of mentoring and guiding candidates
through the program.
2. Developing a mini assessment process to help
candidates and sponsors gauge their level of
preparedness before registering to challenge the
CNIE. The task force charged with this initiative had
to develop examination questions that are consistent
with the type of questions asked of candidates at the
CNIE and that address several key competencies,
develop an assessment guide to evaluate the various
competencies tested in the examination questions,
design a feedback process to provide information to
the candidates on their performance on each of the
key competencies tested, organize an assessment
center to evaluate the papers submitted by candidates,
and coordinate the issuance of individualized
feedback reports to the candidates within days after
the marking center, to allow the candidates and the
sponsors an opportunity to decide by themselves if
the candidates are ready or not to challenge the CNIE.
Although the examination material was distributed to
candidates who registered for the mini-assessment
without restriction, the candidates were encouraged to
answer the assessment questions under exam
conditions. The first mini-assessment was sent to
candidates during the month of April 2014 and the
assessment center was held in mid June 2014.
3. Reviewing the MOU. The current MOU was entered
into in October 2009 and provides for a periodic
review (although it also provides flexibility to make
changes during the term of the MOU, if required). A
task force was struck, chaired by Jean-Daniel Breton
of Ernst & Young Inc., to review the MOU and make
recommendations, as the case may be, on changes
that could be implemented.
12
4. Reviewing the experience requirement of the
program. The CQP requires that candidates follow a
prescribed course of study and acquire relevant
experience before challenging the CNIE. The
acquisition of experience is monitored through a
requirement to report on hours spent in fulfilling
relevant tasks related to a restructuring and
insolvency practice, and by a confirmation from the
sponsor that the candidate has acquired the necessary
experience background expected of an entry level
CIRP. It was recognized that the demands of the
workplace, the type of practice in which a candidate
works and the economy can cause a disparity between
the types of experience acquired by each candidate.
Further, different sponsors may not assess the
experience requirements in the same manner. A task
force was struck to review the continued relevance of
the experience hours report and to consider ways to
assist the candidates and sponsors in supplementing
the experience acquired in the workplace through
networking or other similar activities that would
facilitate the communication of experience across
practice areas.
5. Arranging for an annual tutorial session to prepare
candidates for the CNIE. The exam preparation
material was markedly enhanced for the 2013 tutorial.
One session dedicated to exam writing was increased
in length from half a day to one and a half days to
allow candidates to gauge answers of varying quality
on a competency scale and practice completing
competency-based assessment questions.
6. Revising the assignments used in the Introductory
Course, the Core Knowledge Course and the
Advanced Knowledge Course, to move away from
strictly knowledge based assignments, towards a
more competency based approach.
7. Revising the Insolvency Administrators’ Course
material. Although not specifically part of the CQP, it
was recognized that the Insolvency Administrators’
course sometimes serves as a first step towards
gaining familiarity with the Program, and that it
would be preferable that the didactic material offered
to technicians employed by CAIRP members be
consistent with the material used in the CQP. As a
result, a task force was struck from members of the
CMRC to revise and update the course and
assessment materials offered to the Insolvency
Administrators.
The above represents only the principal projects and
tasks carried out by the various committees that manage
the CQP. The Program is a complex machine that is
constantly in motion, through the dedicated work of
CAIRP staff and countless volunteer members. There
were more than 115 volunteers, members of CAIRP,
employees of the OSB or attorneys, that were directly
involved with the Program, either as a member of a
committee, subcommittee, task force or a participant in
an assessment center or tutorial directly aimed at
candidates in the Program. Many other volunteers helped
on an ad hoc basis with specific requests or by providing
feedback on the Program so that it could be enhanced, in
real time. In view of the number of people involved, it is
impossible to acknowledge them all in this short report
on activities, but they can rest assured that their
contribution is noticed and very much appreciated.
Finally, I would like to express my thanks to the tireless
CAIRP staff, and in particular Bea Casey, Isabelle
Gauthier and Renzo Libaque, for their ongoing support
and dedication in managing and further developing the
Program.
Jean-Daniel Breton CPA, CA, FCIRP
Fellow Chartered Insolvency and Restructuring
Professional, Chair
EDITORIAL ADVISORY BOARD
The Editorial Advisory Board is responsible for
generating the technical and editorial content of CAIRP’s
official magazine, Rebuilding Success. Since its
beginnings in 2002, Rebuilding Success has steadily
evolved into a substantial publication addressing a broad
spectrum of situations that impact stakeholders in the
insolvency and restructuring community across Canada.
In addition to members of CAIRP, the magazine is
distributed to approximately 2,800 other professionals:
lawyers, lenders, regulators and academics who work in
Canada’s insolvency and restructuring system.
The magazine is published twice a year. This year’s
issues discussed important legal decisions in prominent
insolvencies such as Indalex, Montréal, Main & Atlantic
Canada Co. and AbitibiBowater Inc., as well as more
human topics such as the rise of insolvency amongst
seniors and dealing with people employed by companies
going through insolvency proceedings. Other articles
included reviews of the economic prospects for Canada
and other countries around the world, insolvency related
developments at the World Bank, and jurisdictional
differences that could impact the outcomes in seeking
court approval of sales by receivers.
13
The magazine also provided profiles of prominent
members of the insolvency community across the
country. The Fall 2013 issue profiled incoming CAIRP
Chair Paul Casey and Bill James, recently confirmed as
the new Superintendent of Bankruptcy. Our Spring 2014
edition featured Justice Juliana Topolniski of the Alberta
Court of Queen’s Bench, and her progression from
aspiring nurse to one of her city’s top insolvency
lawyers. Each issue also featured profiles of CIRPs
active in their communities.
Rebuilding Success is made possible by the support of its
advertisers. We greatly appreciate the increasing number
of insolvency and restructuring practices, law firms and
other service providers who use the magazine to reach
the Canadian marketplace and publicize their services.
The Editorial Advisory Board represents a variety of
perspectives on insolvency and restructuring matters
from across the country. CAIRP members Martin
Rosenthal (Ernst & Young Inc.), Richard Harris
(KPMG LLP) and Virginie Comtois (Raymond Chabot
Inc.), banker Derek Hynes (Bank of Montreal), and
insolvency lawyers Mary Buttery (Davis LLP), Jeff Lee
(MacPherson Leslie & Tyerman LLP) and Sanjeev
Mitra (Aird & Berlis LLP) each contributed
substantially to the development of topics and authors for
the magazine’s editorial content this year. The Board also
benefited greatly from the contributions of Mark
Yakabuski and the editing work of our consultant,
Natalie Richard. I would like to extend my sincere
appreciation to all of these individuals for their
contributions to the magazines produced this year.
Larry Prentice, FCA, CA, FCIRP
Fellow Chartered Insolvency and Restructuring
Professional, Chair
FINANCE
We are pleased to report that the Finance function
continues to run very effectively under our Director of
Finance, Ali R. Hemani, CA, CGA, ACCA (UK). Mr.
Hemani has continued to refine and integrate our internal
reporting function and we have a timely reporting system
in place, with monthly financial statements prepared for
review by the Finance Committee, and quarterly reports
prepared for the Board of Directors.
In March 2014, the Board approved the Association’s
budget for Fiscal 2015. The budget was prepared with
input from the Finance Committee and the CQP
Committee.
The Treasurer’s report for the year ended March 31, 2014
indicates a successful break-even year financially, in
large part driven by a reduced number of articling
members participating in and completing the CQP after
significant surpluses in prior years driven by higher
numbers of students moving through the program. No
changes were made to our internally restricted equity
allocation of $1.0 million to fund maintenance and
review of the CQP, Insolvency Counsellor’s
Qualification Program, and Insolvency Administration
Course over the coming years.
No changes were made to our investment portfolio in
fiscal 2014 as we continue to hold approximately $1.2
million of Canadian provincial government bonds with
maturities ranging from 2016 to 2024.
The Finance Committee is comprised of Anthony
Tillman, Chair, Paul Casey, Ali Hemani, André
Greenwood, John Page and Mark Yakabuski. The
Chair thanks Ali Hemani and the members of the
Finance Committee for their time, effort and input during
the year.
Anthony Tillman, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
HONOURS & AWARDS NOMINATING COMMITIEE
The Committee met several times during the year to
consider nominations for the various awards granted
by CAIRP.
To ensure orderly transition and renewal of the
Committee, two new members, Guylaine Houle,
FCIRP and Bill Courage, FCIRP, joined the
Committee.
The Committee also established the criteria for the
New Member Award of Merit which is posted on the
CAIRP's website.
We received numerous nominations for the Keith G.
Collins Award, the Outstanding Volunteer Award
and the New Members’ Award of Merit.
14
The Committee recommended and the Board approved
the following Awards:
Keith G. Collins Award:
Carl Ritchie, CIRP (ret), Toronto (msi
Spergel inc.)
Andrea Yandreski, CIRP, Toronto (Alvarez
& Marsal Canada ULC)
Outstanding Volunteer Award:
Carol McGran, CIRP, (Ernst & Young)
Lynn DeLaBarre, CIRP (sole practitioner)
Brenda M. Wood, CIRP (Paddon & Yorke
Inc.)
New Members’ Award of Merit:
Eric Sirrs, CIRP (MNP Ltd.)
We encourage all members to review the particular
criteria for each award on the CAIRP website and to
nominate their peers. Recognition of significant
contributions by members is vital to ensuring the
success of the Volunteers Association.
In conclusion, I would like to thank the members of
the Committee - Alan MacKinnon, St. John’s;
Gilles Campeau and Guylaine Houle, Montreal;
Garth MacGirr, Toronto; Bill Courage, Owen
Sound; Donna Collins, Winnipeg; Larry Prentice,
Vancouver; and Board Liaison lan Penney, St.
John’s. I also want to thank the administrative team
at the Association for all of their assistance during
the past year.
George Lomas, FCA, CFE, FCIRP
Fellow Chartered Insolvency and Restructuring
Professional, Chair
INTERVENTION
The Intervention Committee has reviewed a number of
significant cases over the past year.
In the matter of Brisebois v. QRA, a class action was
authorized by the Quebec Superior Court in a matter of
some interest to all trustees who deal with consumer
proposals. Brisebois had made a proposal, subsequently
amended and accepted by the creditors, which included a
debt owing to QRA in the amount of $10,292.33. The
proposal included an arrangement with QRA for the
payment of the fiscal debt over five (5) years. QRA voted
against the proposal, but was bound by it since the
statutory majority of creditors approved the proposal and
the proposal was ratified by the Court.
Notwithstanding the binding nature of the proposal, QRA
proceeded to apply reimbursements due to the debtor in
subsequent tax years, to accelerate payment to itself.
Apparently this procedure is fairly endemic in Quebec.
Accordingly, the Court granted permission to initiate a
class action.
The Intervention Committee determined that, although
the matter presented a significant interest to the trustees,
an intervention by CAIRP would not be received by the
Court at this stage of the proceedings. It was decided that
a watching brief would be held by CAIRP.
A bulletin alerting CAIRP members to the class action
was sent on March 10, 2014.
The Committee considered the consequences of the
Timminco decision rendered by Mr. Justice Mongeon
which, essentially, allowed the provisions of the Quebec
Supplementary Pensions Plans, which creates a statutory
trust over all assets of the debtor, to rank prior to the
secured creditor. Mr. Justice Mongeon, in rendering his
decision, recognized that he had effectively reversed a
previous decision rendered by him and offered a rather
doubtful explanation for the reversal. The Committee
considered whether it was useful to intervene, but
Investissements Québec, the secured creditor in this case,
had made an application for leave to appeal and it was
determined to await the result of this application before
taking any further steps.
Two judgments of the Court of Appeal of Alberta and
Ontario, respectively, asserted that it was contrary to the
“fresh start” principle to refuse to grant an operating
permit to a driver who, in one case, had a debt due to an
injured party discharged by the discharge from
bankruptcy and, in another case, had a debt due to the
Public Private Consortium operating the toll road, 407,
unless the drivers paid the charged debt. Leave to appeal
had already been granted in one case and an application
for leave to appeal was pending in the other case. The
likelihood was that the second application for leave to
appeal would be granted and the two cases would then be
joined for hearing before the Supreme Court. The issue
was whether the principle of a “fresh start” was of a
nature that would grant the BIA paramountcy over
provincial legislation dealing with refusal of drivers’
permits. The matter was considered by the Committee to
be significant.
15
Subsequent to the year-end, the Superintendent of
Bankruptcy requested that CAIRP intervene in the case.
Accordingly, at the Board of Directors Meeting on May
23, the Directors authorized an intervention by CAIRP.
The Committee is comprised of members who have
significant experience and expertise to call upon in
reviewing requests for intervention. They are Philippe
Bélanger, Jean-Daniel Breton, Christopher Galea,
Hon. Yoine Goldstein and Peter Wedlake.
Michael T. Cheevers, CPA, CA, CIRP, CBV, CFE
Chartered Insolvency and Restructuring Professional,
Chair
NEW MEMBERS
The New Members’ Committee (“NMC”) is composed
of nine members from across Canada with experience in
both corporate and consumer insolvency who have
obtained the CIRP designation within the past five years:
Adam Fisher (Harris & Partners Inc.) as Chair, Eric
Sirrs (MNP Ltd.) as Vice-Chair, Kimberley Burke
(BDO Canada Limited), Jean-François Cliche (Cliche
Madore Syndic), Jennifer McCracken (Campbell,
Saunders Ltd.), Mathieu Roy (Pierre Roy & Associés
Inc.), Allen Yao (Ernst & Young Inc.), Gord Boersma
(MNP Ltd.) as Board Liaison and Guylaine Houle
(Pierre Roy & Associés Inc.) as Past Chair.
The NMC has been very active in achieving its various
initiatives set out in its January 2014 Action Plan (the
“NMC Action Plan”). To develop the NMC Action Plan,
the NMC considered CAIRP’s vision that “CAIRP
members are recognized leaders in providing solutions to
financially challenged individuals and businesses and are
the Go-To Professionals for expertise, information and
solutions regarding insolvency and restructuring”, and
the three pillars that are the foundation of our
professional association: Professional Recognition,
Education and Advocacy. The NMC also considered the
special section on Volunteers in CAIRP 2012 Strategic
Plan, to highlight the fact that key goals cannot be
achieved without taking steps to increase the number and
effectiveness of volunteers throughout CAIRP.
This year, the NMC’s focus was professional recognition
and volunteerism. Some of the key initiatives of the
NMC Action Plan include:
Professional Recognition and Volunteerism
Support the overhaul of CAIRP’s website and
provide feedback to the Media Communications
a Committee with respect to the section on
“How to become a trustee/administrator”;
Promote CAIRP brand awareness at universities
in major Canadian cities through CAIRP’s
attendance at career and designation days;
Promote volunteerism and general involvement
by new members, with a campaign to recruit
members that obtained their CIRP memberships
in 2014. The NMC organized two events: a
new CIRPs’ celebration party on June 11, 2014
and a New Members’ breakfast at each CAIRP
Forum.
Encourage new members to attend CAIRP’s
annual conference and work to increase overall
attendance by new members at CAIRP events;
Increase volunteerism of new members by
promoting CAIRP committees and task forces
and through representation of new members on
them.
Education
As an independent committee, help the CQP
committee improve the CQP process for the
2013 round of examinations. In particular, the
NMC attended the CQP tutorial in Ottawa to
promote the opportunity to volunteer once the
CIRP is achieved and to provide assistance to
the CQP candidates in a mentoring capacity.
Advocacy
The NMC had the opportunity to meet with the
OSB’s Executive Committee in September 2013
to discuss various topics of interest to trustees
and the OSB. The meeting was insightful and
extremely valuable, as it enabled participants to
share their perspectives, ideas and opinions on
topics of importance to the profession. The
following topics were discussed:
Update on the NMC Action Plan and
its coming initiatives;
Discussion on the updated process and
initiatives with respect to the 2014 oral
boards;
Feedback and discussion on important
issues relating to Canada Revenue
Agency.
Treatment of post-filing interest in
CCAA proceedings
In addition, the NMC provided comments on
CAIRP’s draft submission on allowances and
interim draws and reviewed the compilation of
the Standards of Professional Practice into a
single document.
The NMC would like to thank Paul Casey, past-Chair
Guylaine Houle and Mark Yakabuski for their support
16
and for making the NMC an important part of the CAIRP
initiative.
In order for the NMC to keep achieving its objectives,
assistance from new members (members that have joined
the Association during the past five years) will be
necessary. If you are a new member and interested in
getting involved with the NMC or CAIRP’s various
projects, please contact NMC’s incoming Chair, Jennifer
McCracken, at [email protected].
Adam Fisher, CPA, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
PROFESSIONAL CONDUCT
The Professional Conduct Committee (“PCC”) has
continued to focus its energies on dealing with
outstanding complaints in a timely fashion. During this
fiscal year, the PCC has closed a number of outstanding
investigations. The number of new complaints has risen
from last fiscal year; however, the overall number of
outstanding complaints remains relatively flat, on a
month-to-month basis.
The PCC continues to focus on ensuring that a fair
investigation is completed, and that investigators discuss
the complaint with all parties and report to the PCC with
all relevant details. The PCC spends a significant amount
of time reviewing in detail the reports of the
investigators. The PCC provides to all parties a detailed
summary of its findings and comprehensive decisions
and reasons. This ensures a transparent approach for all
parties involved.
The PCC meets on a regular basis and follows a meeting
schedule to ensure that all members can allocate
sufficient time to the meeting agenda, pre-meeting
preparation and review of the material being discussed.
In addition, the PCC has continued its recent practice of
having one full-day meeting during the year to deal with
the more difficult/complex investigations in order to
ensure that sufficient time is allocated to discuss the
issues.
The PCC relies heavily upon volunteers to investigate the
complaints filed, prepare reports and meet with the
complainants and members. These volunteers have the
unenvied task of gathering the facts surrounding a
complaint as well as meeting with the parties involved.
The investigators have advised the PCC that they enjoy
the challenge involved in gathering the information and
preparing reports for the PCC. This process also provides
insight into the type of issues that give rise to complaints.
All of our members are indebted to these volunteers, as
without the investigators we would be unable to fulfill
our mandate and therefore unable to demonstrate our
ability to self-regulate in a fair and equitable fashion.
Given that the number of complaints against our
members increased in 2013-2014, the PCC requested the
services of additional volunteers to investigate
complaints. The PCC is always in need of new
volunteers. The PCC continues to complete the
investigations and report to all of the parties involved in
as timely a fashion as possible, given the time constraints
of its volunteers, including the committee members.
The PCC continues to deal with compliance issues in
reference to Directive 29R2 on advertising. The number
of complaints has dropped significantly and the PCC is
very pleased with the results and the response from the
majority of our members who have changed their
advertising in order to comply with the Directive. We
must all remind ourselves that it is very important that
advertising is not misleading to the public, and the
Committee thanks those members who have co-operated
with the PCC.
I would like to thank the Committee members for all of
their hard work during the year. The Committee
members are Russell Law (Vice-Chair), Dean
Burlingham, Sheri Aberback, Valerie Norrish,
Gregory Gosse, Brad Milne, Darryl Haley (replaced
by Stan Hopkins in January 2014), Robert Johnson,
and David Johnson (Board Liaison; replaced by Bruce
Caplan in August 2013). As well, without the support
provided by past CAIRP staff members Evelina
Solarska-Rowley and Maha Hassan, the PCC would
not be able to function. We thank them all for their
dedicated service to the Committee.
As Chair of the PCC, it has been my pleasure to assist
our Association, and I again thank those members who
have volunteered during the year to investigate
complaints.
Angela K. Pollard, CMA, CFE, FCIRP
Fellow Chartered Insolvency and
RestructuringProfessional, Chair
17
2013-2014 TASK FORCES
ADVERTISING DIRECTIVE TASK FORCE
The Advertising Directive Task Force (“TF”) was created
in the Fall of 2013 in order to further the work done in
the prior year by the Name Review Task Force. The TF’s
mandate was to come up with options to address the
concern expressed by many members that the
requirement to use the term “Trustee in Bankruptcy” in
advertising trustee services is undermining the
competitive position of trustees in the face of rising
competition from alternate providers of debt relief
services.
The TF submitted a number of suggestions to CAIRP’s
Executive Committee in early 2014 and these
suggestions were the foundation of the Advertising
Directive Survey that was sent out to members in the
Spring.
I would like to thank the members of the Advertising
Directive Task Force for their time and commitment:
Brian Doyle, Nancy Snedden, Martin Clermont,
Trevor Pringle and Vanessa Allen (formerly Grant). It
was a challenging task to review the current Advertising
Directive and to develop recommendations for changes
to the existing Directive that would take into
consideration the concerns of the majority of CAIRP
members and the Office of the Superintendent of
Bankruptcy.
I want to express my special appreciation to Mark
Yakabuski for all his assistance, support and insight.
Matthew Munro, CGA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
CONSUMER ADVOCACY TASK FORCE
The Consumer Advocacy Task Force has met regularly
over the course of the year to identify the consumer
priorities issues that need to be developed in preparation
for the 2014 legislative review of insolvency legislation.
In particular the Task Force examined: (i) issues which
CAIRP had put forward in preparation for the 2009
amendments which were not accepted and whether those
issues are still relevant areas for reform; (ii) those aspects
of the 2009 reforms which may not have worked
according to expectations and which need to be modified
or adjusted in some fashion; and, (iii) any new issues
which have arisen since the 2009 reforms which need to
be addressed in order to ensure an effective, fair and
transparent insolvency and restructuring system.
On March 16, 2014 Industry Canada launched a public
consultation on the Bankruptcy and Insolvency Act
(BIA) and the Companies’ Creditors Arrangement Act
(CCAA) and asked for submission from the public and
stakeholders. Since then, the Consumer Advocacy Task
Force has been hard at work drafting a response to the
Industry Canada discussion paper which is due July 15,
2014.
I wish to thank all the members of the Task Force and
look forward to its final report. The Consumer Advocacy
Task Force is comprised of following CAIRP members:
Leah Drewcock, Chantal Gingras, Stanley Hopkins,
past-Chair Guylaine Houle, Debora Kwasnicky, David
Wood, together with Susan Burns of the law firm Miles
Davidson LLP.
André Bolduc, CPA, CA, CIRP
Chartered Insolvency and Restructuring
Professional,Chair
CORPORATE PRACTICE COMMITTEE AND CORPORATE ADVOCACY TASK FORCE
The Corporate Practice Committee (“CPC”) is a standing
committee of CAIRP whose interest is to represent
members of CAIRP who practice in corporate
restructuring and insolvency firms. Its primary role is to:
advance educational excellence and professional
consistency;
promote recognition of the value of the CIRP
certification; and
reinforce the Vision and Value statements of
CAIRP.
The Corporate Advocacy Task Force (“CATF”) was
created in 2013 with a mandate to review and report to
the Board in respect of proposed corporate legislative
changes in light of the five-year legislated review of the
Bankruptcy and Insolvency Act (“BIA”) and the
Companies’ Creditors Arrangement Act (“CCAA”). The
CATF is working collectively with the CPC. The CPC is
comprised of six volunteer CAIRP members from
various larger insolvency firms and geographical
locations across Canada. The CATF has four volunteer
CAIRP Members.
18
The two groups have been working together since the
CATF was established in order to draw on as much
expertise as possible within CAIRP to analyse and
review corporate reform issues. After several months of
effort, they presented a preliminary list of corporate
topics for legislative review in June 2013 to a joint
meeting of Industry Canada and the Office of the
Superintendent of Bankruptcy.
In the third quarter of 2013, the CPC and CATF worked
to update the preliminary topics (and consider additional
topics), in conjunction with requests for further detail
from Industry Canada. The groups then prepared for the
eventual release of a discussion paper by Industry
Canada on the five-year review of the BIA and CCAA.
After much anticipation, the discussion paper was finally
released in May and CAIRP members were invited to
provide comments on the issues raised in the paper.
In January 2014, the CPC and CATF formed a Joint Task
Force with the Insolvency Institute of Canada (“IIC”) to
further identify issues and develop a common response to
the discussion paper. While CAIRP’s treatment of
corporate topics will largely be the same as that of the
IIC (there may be other issues raised by CAIRP), our
discussion of corporate issues will be combined with the
recommendations of our Consumer Advocacy Task
Force and submitted as CAIRP’s distinctive response to
Industry Canada’s discussion paper by the July 15th
deadline. CAIRP will make separate representations on
all legislative reform issues once the Minister of
Industry’s report on the BIA and CCAA is tabled in
Parliament in September 2014 and subsequently referred
to a parliamentary committee for study.
We would like to thank the respective members of the
CPC and CATF who have given so much of their time
and energy to making sure that CAIRP makes an
outstanding contribution to legislative reform
discussions:
CPC
Emmanuel Phaneuf, Eugene Migus, Stephen
Ferguson, Jodat Hossein, and Wendy Santoro
CATF
Mitch Vininsky, Bryan Tannenbaum and Michael
Krieger
We would also like to extend our appreciation to Jean-
Daniel Breton, who has been a leading member of the
Joint Task Force with the IIC, for his great investment of
time and insight in advancing our response to the
discussion paper.
Jonathan Krieger, CPA, CA, CIRP
Chartered Insolvency and Restructuring Professional
Chair, CPC
Mark Wentzell, LL.B, CA, CIRP
Chartered Insolvency and Restructuring
Professional
Chair, CATF
MANDATORY COUNSELLING
The Task Force was established in the Fall of 2013 in
response to preliminary ideas shared with CAIRP by the
Office of the Superintendent of Bankruptcy (“OSB”) on
improving the current system of mandatory counselling
for individual debtors.
The OSB’s ideas were designed to help formulate a
response to an evaluation conducted by Industry Canada
in late 2011 which highlighted that there were no
objective measures in the current system to verify that
mandatory counselling has achieved positive outcomes
for debtors.
As a critical stakeholder in this process, CAIRP
constituted a Task Force of trustees experienced in
consumer insolvencies to study the preliminary ideas put
forward by the OSB and put forward some key building
blocks of a reformed system that would focus attention
on the needs of individual debtors while not over-
burdening trustees.
The OSB has now invited other stakeholders to join this
process through the creation of the Mandatory
Counselling Advisory Committee on which CAIRP is
well represented.
I want to thank my fellow Task Force members, Mike
Braga, Chantal Gingras and Ian Penney, for their
dedication in assembling such excellent ideas on this key
issue, and Bea Casey for her excellent support.
Colleen Craig, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
19
MEDIA TASK FORCE
The Media Task Force Committee (the “MTF” or the
“Committee”) was established in September 2012 to
examine ways to enhance the CAIRP brand and
differentiate our member’s capabilities in the markets
they serve. The goal of the Committee was to promote
CAIRP and its members as the “Go-To Professionals” for
expertise, information and solutions regarding insolvency
and restructuring matters.
CAIRP engaged an external media relations consultant to
work with the MTF and develop a comprehensive media
relations strategy. A branding outline summarizing the
mission statement, positioning statement, vision and
values of the Association, which distinguishes our
members from our competition was developed. In
addition, a Strategic Communications Plan identifying a
series of insolvency topics on which bylined articles,
media releases or media pitches (story proposals) could
be developed to generate effective media coverage
opportunities for CAIRP members was prepared.
With the assistance of the Association’s external media
consultant, CAIRP member insights on important
consumer topics including insolvencies among seniors,
student debt, consumer proposals, small business failures
and holiday spending problems were reported upon in
multiple mainstream publications across Canada during
this past fiscal year. These articles and interviews
provided a platform for CAIRP members to demonstrate
their expertise in these areas and also to clarify the
benefits that a Trustee in Bankruptcy can provide in
insolvency situations as opposed to other, non-licensed,
insolvency consultants.
The Strategic Communications Plan developed by the
Committee proposed to leverage the use of social media
(Facebook, Twitter and LinkedIn) to further promote the
CAIRP brand. Although best practices for using social
media in both official languages were researched by the
Committee, this remains an area where CAIRP will
continue to explore its options with a view to balancing
the benefits that can be obtained through the proactive
use of social media against the cost and time
commitments required to administer same.
I would like to take this opportunity to personally thank
the MTF members for all of their hard work and
dedication to the Committee over the past few years.
Without the dedication and volunteer hours from such
individuals, the Committee’s goals could not be reached.
Committee members include: Jeremy Kroll, Ken
Robbs, Sharon Stapley and Nathalie Brault.
George Kinsman CA, CIRP
Chartered Insolvency and Restructuring
Professional,Chair
TARIFF REVIEW TASK FORCE
The Tariff Review Task Force for summary
administration files was created in the spring of 2013
following a face-to-face meeting of Provincial
Association presidents held in Winnipeg in February of
the same year. Volunteers to participate in this important
Task Force were identified and chosen for their
representation of the wide spectrum of the insolvency
field. They are representative of different regions of the
country and have the necessary expertise to provide input
from most of the industry stakeholders.
The Task Force members have analysed statistics on
consumer insolvency files submitted by the Office of the
Superintendent of Bankruptcy (“OSB”) and reviewed
individual data from their own practices. They have
identified a number of factors which justifies the need for
amendments to Rule 128 of the BIA General Rules and
the request for a tariff increase. The Task Force strongly
believes that trustees need to be remunerated adequately
in view of increasing costs and responsibilities.
The Task Force considered the multiple concerns of the
key stakeholders in the consumer insolvency process
including debtors, creditors and the OSB. We submitted a
new grid for the calculation of the tariff that is simple
and easy to apply. The Task Force made a preliminary
proposal for changes to the OSB in early February for an
adjustment in the tariff. At the OSB’s request, the Task
Force agreed to undertake further research to identify the
impact of any changes in the tariff on all stakeholders in
the insolvency system.
To achieve the objective of a balance between
stakeholders and trustees’ need to be remunerated
adequately, the Task Force recommended that the tariff
be amended along with an adjustment in administrative
disbursements and the frequency of draws. By pursuing
these three recommendations, the Task Force has worked
to present an optimal solution and applicable
amendments to the BIA General Rules.
20
I gratefully thank the members of the Task Force for their
professionalism, generosity and availability. It was a
pleasure working together with all of you. Members of
the Task Force are:
Yoine Goldstein, Outside Director of the
Board of Directors of CAIRP and Chair of
the former Personal Insolvency Task Force
Peter Wedlake, past Chair of CAIRP
Chantal Gingras, Member of the Board of
Directors of CAIRP
Melanie Wengle, Ontario Member of
CAIRP
Randy West, British Columbia Member of
CAIRP
David Stewart, Outside Consultant and
past member of the Extended Executive
Committee of the Office of the
Superintendent of Bankruptcy (retired)
James Moses, Alberta Member of CAIRP
Virginie Comtois, CPA, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
WEBSITE TASK FORCE
The Website Task Force (“WTF”) was created to assist
CAIRP in implementing its new Strategic Plan relating to
our Communications strategy. The new Website will be
used to help promote the Association’s overall image and
support its mission to be the “Go-To Association for
expertise, information and solutions regarding insolvency
and restructuring”.
The goal of the Task Force was to seek and retain the
services of a website consultant to create and maintain a
website consistent with the focus of CAIRP’s rebranding
initiative. The Task Force researched all avenues
regarding the website, including social media links, site
maintenance, and the easy accessibility of important
content, and reported back to the Board on the key
specifications for a new website.
The Task Force commenced its mandate by reviewing
the CAIRP’s current website along with those of other
professional organizations. These findings were
reviewed and processed such that the Task Force was
able to prepare a consistent and precise framework to
prepare a Request for Proposals for a new website
consultant.
Multiple website consulting firms were contacted based
on recommendations and referrals from Task Force
members, CAIRP and various interested parties. A
number of proposals were submitted and were
thoroughly assessed and reviewed by the Website Task
Force.
The selection was subsequently shortlisted to two
proposals. Members of the Task Force, in conjunction
with CAIRP staff recommended retaining the services of
Vignola Communication Marketing to complete the task
of redesigning CAIRP’s website.
We are optimistic that CAIRP’s new and improved
website will be launched by the time members see this
report.
I would like to take this opportunity to thank the
members of the Website Task Force -- Catherine
Nguyen, Melanie Murray, Rob Biehler, and Georges
Faucher -- for their tireless work and enthusiasm in
accomplishing the mandate of the Task Force, and would
like to acknowledge Mark Yakabuski as well for his
invaluable assistance.
Gregory J. Fontaine, CIRP
Chartered Insolvency and Restructuring Professional,
Chair
21
MEMBERSHIP
1General members who have left insolvency practice may be deemed to be inactive. If they have not reinstated themselves
within 5 years, their membership will be terminated.
AS OF MARCH 31 2014 2013 2012 2011 2010 2009
GENERAL 954 931 920 900 882 868
ARTICLING 365 422 420 399 405 365
CORPORATE 23 23 22 26 27 28
LIFE 157 175 168 157 161 160
INACTIVE1 13 14 14 11 20 24
22
TREASURER’S REPORT
On behalf of the Board of Directors, I am pleased to
present the audited financial statements of the CAIRP for
the year ended March 31, 2014 (“F’2014”). Below you
will find comments with respect to our financial results
for the year, our financial position, our surplus and
restricted and unrestricted equity position, our financial
goals for fiscal 2014 (“F’2015”) and our longer-term
forecast beyond fiscal 2014.
Statement of Financial Position
As at March 31, 2014, the Association continued to enjoy
a strong liquidity position which includes cash and cash
equivalents of $1,126,538 plus long-term investments of
$1,233,022 for a total of $2,359,560 (2013 - $2,246,882).
This represents an improvement of $112,678 from the
prior year.
This improvement is primarily due to lower than
anticipated spending in several areas including
communications and various committee activities.
No changes were made during the year to the
Association’s long-term investments with $1.2 million
invested in various provincial government bonds
maturing between 2016 and 2024.
The Association’s net working capital position of
$811,424 is an improvement of $51,299 over F’2013.
Additionally, current liabilities as at March 31, 2014 of
$416,033 are consistent with the prior year accounts
payable as deferred revenue (resulting from higher fee
and program prepayments) rose in F’2014.
Statement of Operations
Total revenues for the Association in F’2014 were
$2,553,928 (2013 - $3,077,091), a decrease of $523,163
from the prior year largely due to lower course and
examination fees from the CIRP Qualification Program
(“CQP”). As expected, the number of student numbers
moving through the CQP courses and exams in F’2014
declined after the prior two years where revenues from
CQP courses and exams were at historic highs.
Overall, annual conference and continuing education
revenues were lower, and other revenues declined after
proceeds of $50,217 were collected from the Exposoft
Group insurer in F’2013.
Expenses for the year were $2,551,916 (2013 -
$2,619,372), a net decrease of $67,456 from the prior
year that reflects lower expenses for the annual
conference and CQP due to lower
attendance/participation levels, higher continuing
education costs due to higher speaker fees, and higher
administration costs as compared to F’2013.
Communications (included in administration) rose by
$107,000 reflecting increased activity and investment in
our website, website content and social media strategy,
while general office costs including mailing and printing
costs were reduced by $42,000 as the Association
continues to implement a strategy of reducing paper
billings and mailouts. Salaries and benefits were higher
by $29,000 due to the addition of a Communications
Manager for part of F’2014.
Originally a deficit of $749,000 was forecast for F’2014.
However, a surplus of $2,012 (2013 - $457,719) has been
realized. This variance of $751,000 has been caused by a
variety of factors including higher net revenues from
sponsorships, lower spending in communications, certain
committees, and lower general office expenses, in part
caused by website redevelopment costs and CQP
development costs being deferred into the next fiscal
year, and lower committee task force spending with
many meetings being conducted through teleconferences
instead of face-to-face.
Restricted and Unrestricted Equity
As noted in the F’2013 and F’2012 Treasurer’s reports,
our recent surpluses have been largely generated from the
delivery of CQP courses and exams, and such a surplus
was forecast to be reduced in F’2014 and thereafter due
to lower enrolment levels. In F’2014, the surplus
generated from CQP delivery was reduced from the prior
levels. Pursuant to the revised Memorandum of
Understanding between the Superintendent of
Bankruptcy and the Association dated October 8, 2009,
the Association is responsible for the maintenance and
revision of all course materials associated with CQP, as
well as future strategic reviews of the CQP associated
with the five-year review of the Memorandum of
Understanding. The costs of future strategic review and
maintenance of the CQP were estimated at $1.0 million,
and the Association chose in 2012 to restrict $1.0 million
of its equity for this purpose. This estimate was
developed by my predecessors, who recognized that our
enrolment levels may fluctuate while resources required
to maintain our programs may not fluctuate.
No direct investment was made in F’2014 or F’2013 for
the review and maintenance of the CQP materials.
Accordingly, the internally imposed restriction of $1.0
million for CQP review and maintenance has not been
adjusted.
After this internally imposed restriction of $1.0 million
for CQP review and maintenance, the net equity of the
23
Association is now comprised of unrestricted equity of
$1,035,262 (2013 - $964,568), and capital and intangible
assets of $151,717 (2013 - $220,399). The restricted
equity balance of $1.0 million will be reviewed annually
to determine whether the amount remains satisfactory as
CQP course maintenance activities are undertaken in the
coming years.
Financial Goals for Fiscal 2015 and Beyond
The Finance Committee presented the budget for
CAIRP’s fiscal year ending March 31, 2015 to the Board
on March 19, 2014. This budget forecasts a deficit of
revenues over expenses and was approved by the Board.
The F’2015 budget deficit assumes:
no change in membership fees;
slightly higher general membership numbers;
lower fee levels for new students entering the CQP
program and attending the CQP tutorial;
lower course and exam fee revenues consistent with
lower CQP enrolment levels;
higher CQP implementation and development costs
(as discussed above); and
higher expenditures for communications, certain
committees and payroll.
The F’2015 budget deficit needs to be considered in light
of the significant strategic planning and governance
initiatives that were approved in F’2012, a portion of
which have been implemented over the past two years
with many other initiatives underway, and
commencement of the reinvestment in the CQP for which
$1.0 million of our equity has been restricted and is
expected to be spent in the coming years.
With input from the Finance Committee, the Board
decided to reduce certain CQP fees (noted above) and
also recommended that continuing education fees be
reduced in certain cases (implemented for both the
Forums and Annual Conference) after considering recent
surpluses and other initiatives to promote participation
and education.
The Finance Committee is now working to refine its
longer term forecast for revenues and expenses
considering the near term F’2015 budget deficit forecast,
the cash and investments on hand (approximately $2.35
million), the $1.0 million of internally restricted equity
allocated to the CQP, and how the strategic planning and
governance initiatives will unfold post-F’2015. These
elements of the forecast will be considered with the
Board along with our fee rates and cost levels in relation
to the current operations of the Association to assess the
longer term sustainable cash flow of the Association.
There are many exciting initiatives that are underway
with your Association and a constant need for member
volunteers. If you are not currently involved please
consider raising your hand.
Anthony Tillman, CA, CIRP
Chartered Insolvency and Restructuring Professional,
Treasurer
CANADIAN ASSOCIATION OF INSOLVENCYAND RESTRUCTURING PROFESSIONALS /
ASSOCIATION CANADIENNE DES PROFESSIONNELS DE L'INSOLVABILITÉ ET DE LA RÉORGANISATION
FINANCIAL STATEMENTS
MARCH 31, 2014
Independent Auditor's Report
To the Members of Canadian Association of Insolvency and Restructuring Professionals /Association canadienne des professionnels de l'insolvabilité et de la réorganisation
We have audited the accompanying financial statements of Canadian Association of Insolvency andRestructuring Professionals / Association canadienne des professionnels de l'insolvabilité et de laréorganisation, which comprise the statement of financial position as at March 31, 2014, and thestatements of operations, changes in net assets and cash flows for the year then ended, and a summaryof significant accounting policies and other explanatory information.
Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements inaccordance with Canadian accounting standards for not-for-profit organizations, and for such internalcontrol as management determines is necessary to enable the preparation of financial statements that arefree from material misstatement, whether due to fraud or error.
Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. Weconducted our audit in accordance with Canadian generally accepted auditing standards. Those standardsrequire that we comply with ethical requirements and plan and perform the audit to obtain reasonableassurance about whether the financial statements are free from material misstatement.
An audit involves performing procedures to obtain audit evidence about the amounts and disclosures inthe financial statements. The procedures selected depend on the auditor's judgment, including theassessment of the risks of material misstatement of the financial statements, whether due to fraud orerror. In making those risk assessments, the auditor considers internal control relevant to the association'spreparation and fair presentation of the financial statements in order to design audit procedures that areappropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness ofthe association's internal control. An audit also includes evaluating the appropriateness of accountingpolicies used and the reasonableness of accounting estimates made by management, as well asevaluating the overall presentation of the financial statements.
We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis forour audit opinion.
Opinion In our opinion, the financial statements present fairly, in all material respects, the financial position ofCanadian Association of Insolvency and Restructuring Professionals / Association canadienne desprofessionnels de l'insolvabilité et de la réorganisation as at March 31, 2014, and the results of itsoperations and its cash flows for the year then ended in accordance with Canadian accounting standardsfor not-for-profit organizations.
Toronto, OntarioJuly 8, 2014
Chartered Professional AccountantsLicensed Public Accountants
1
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Statement of Financial Position
March 31 2014 2013$ $
ASSETS
Current assetsCash 1,126,538 1,030,567Sundry receivables 8,655 15,168Prepaid expenses 92,264 80,366
1,227,457 1,126,101
Investments (note 3) 1,233,022 1,216,315Capital assets (note 4) 131,950 172,253Intangible assets (note 5) 43,978 79,444
1,408,950 1,468,012
2,636,407 2,594,113
LIABILITIES
Current liabilitiesAccounts payable and accrued liabilities (note 6) 256,178 229,140Deferred revenue 159,855 136,836
416,033 365,976
Deferred lease incentives (note 7) 33,395 43,170
449,428 409,146
NET ASSETS
Invested in capital and intangible assets 151,717 220,399Internally restricted (note 8) 1,000,000 1,000,000Unrestricted 1,035,262 964,568
2,186,979 2,184,967
2,636,407 2,594,113
Approved on behalf of the Board:
Paul Casey, CPA, CA, CIRPChartered Insolvency and Restructuring Professional Chair
Anthony Tillman, CPA, CA, CIRPChartered Insolvency and Restructuring Professional Treasurer
2
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Statement of Operations
Year ended March 31 2014 2013$ $
RevenuesMembership fees 1,016,730 1,001,220Annual conference fees and sponsorship 223,042 296,330CQP course and examination fees 818,690 1,180,687Continuing education seminar fees and sponsorship 446,175 472,525Other (note 9) 16,536 62,501Investment income (note 10) 32,755 63,828
2,553,928 3,077,091
ExpensesAdministration (see schedule) 1,852,869 1,783,008Annual conference 176,843 235,382CQP courses and examinations 287,805 403,383Continuing education 234,399 197,599
2,551,916 2,619,372
Excess of revenues over expenses for year 2,012 457,719
3
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Statement of Changes in Net Assets
Year ended March 31
Invested inCapital and
IntangibleAssets
InternallyRestricted
(note 8) Unrestricted2014Total
$ $ $ $
Balance, beginning of year 220,399 1,000,000 964,568 2,184,967
Excess of revenues over expenses(expenses over revenues) for year (71,489) - 73,501 2,012
Purchase of capital assets 2,807 - (2,807) -
Balance, end of year 151,717 1,000,000 1,035,262 2,186,979
Invested inCapital and
IntangibleAssets
InternallyRestricted
(note 8) Unrestricted2013Total
$ $ $ $
Balance, beginning of year 281,102 1,000,000 446,146 1,727,248
Excess of revenues over expenses(expenses over revenues) for year (71,827) - 529,546 457,719
Purchase of capital assets 11,124 - (11,124) -
Balance, end of year 220,399 1,000,000 964,568 2,184,967
4
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Statement of Cash Flows
Year ended March 31 2014 2013$ $
Cash flows from operating activitiesExcess of revenues over expenses for year 2,012 457,719Adjustments to determine net cash provided by (used in) operating
activitiesAmortization of capital assets 43,110 43,447Amortization of intangible assets 35,466 35,467Interest capitalized on investments (43,803) (29,914)Unrealized loss (gain) on investments 27,096 (13,638)Amortization of deferred lease incentives (9,775) (9,775)Payment of retiring and transition allowance - (50,000)
54,106 433,306Change in non-cash working capital items
Decrease in sundry receivables 6,513 23,427Increase in prepaid expenses (11,898) (29,784)Increase in accounts payable and accrued liabilities 27,038 27,997Increase in deferred revenue 23,019 20,206
98,778 475,152
Cash flows from investing activitiesPurchase of investments - (500,000)Purchase of capital assets (2,807) (11,124)
(2,807) (511,124)
Net change in cash 95,971 (35,972)
Cash, beginning of year 1,030,567 1,066,539
Cash, end of year 1,126,538 1,030,567
5
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Schedule of Administration Expense
Year ended March 31 2014 2013$ $
Amortization of capital assets 43,110 43,447Amortization of intangible assets 35,466 35,467Audit, legal and consulting 87,907 120,539Committees 242,901 240,942Insol International 45,360 42,263Communication 225,777 119,018Office, printing, postage, courier and sundry 157,055 199,298Rent (note 7) 121,154 116,796Salaries and benefits 894,139 865,238
1,852,869 1,783,008
6
CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements
March 31, 2014
Nature and description of the organization
The Canadian Association of Insolvency and Restructuring Professionals / Association canadienne desprofessionnels de l'insolvabilité et de la réorganisation (the “Association”) was incorporated under theCanada Corporations Act on July 27, 1979. The Association was established to advance the practice ofinsolvency administration and the public interest related to it.
The Association is a not-for-profit organization, as described in Section 149(1)(l) of the Income Tax Act,and therefore is not subject to either federal or provincial income taxes.
1. Significant accounting policies
These financial statements have been prepared by management in accordance with Canadianaccounting standards for not-for-profit organizations and include the following significantaccounting policies:
(a) Revenue recognition
(i) Membership fees
Membership fees are recognized as revenue proportionately over the fiscal year towhich they relate. The membership year of the Association coincides with that of thefiscal year of the Association, being April 1 to March 31. Membership fees received inadvance of the membership year to which they relate are recorded as deferredrevenue.
(ii) Annual conference
Revenue from the annual conference is recognized in the fiscal year in which theconference is held.
(iii) Sponsorship
Revenue from event sponsorships is recognized in the fiscal year in which the relatedevent is held. Sponsorships received in advance of the date of the related event arerecorded as deferred revenue.
(iv) Seminar, course and examination fees
Revenue from continuing education seminars, insolvency administration courses andCQP courses are recognized in the fiscal year of enrolment. Examination fees arerecognized in the fiscal year in which the examination takes place. Examination feesreceived in advance of the fiscal year in which the examination is held are recorded asdeferred revenue.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
1. Significant accounting policies (continued)
(v) Investment income
Investment income comprises interest from cash, interest from investments, realizedgains and losses on the sale of investments and unrealized gains and losses oninvestments.
Interest is recognized on an accrual basis. Interest on fixed income investments isrecognized over the terms of the respective investments using the effective interestmethod.
(b) Deferred lease incentives
Lease incentives received include reduced rent benefits and tenant inducements received incash.
Lease incentives received in connection with original leases are amortized to income on astraight-line basis over the terms of the original leases. Lease incentives received inconnection with re-negotiated leases are amortized to income on a straight-line basis overthe period from the expiration date of the original lease to the expiration date of the re-negotiated lease.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
1. Significant accounting policies (continued)
(c) Financial instruments
(i) Measurement of financial instruments
The Association initially measures its financial assets and financial liabilities at fair valueadjusted by, in the case of a financial instrument that will not be measured subsequentlyat fair value, the amount of transaction costs directly attributable to the instrument.
The Association subsequently measures all its financial assets and financial liabilities atamortized cost, except for investments, which are measured at fair value. Changes infair value are recognized in income in the period the changes occur.
Amortized cost is the amount at which a financial asset or financial liability is measuredat initial recognition minus principal repayments plus or minus the cumulativeamortization of any difference between the initial amount and the maturity amount, andminus any reduction for impairment.
Transaction costs are recognized in income in the period incurred, except for financialinstruments that will be subsequently measured at amortized cost. Transaction costsassociated with the acquisition and disposal of investments are capitalized and areincluded in the acquisition costs or reduce proceeds of disposal.
Financial assets measured at amortized cost include cash and sundry receivables.
Financial liabilities measured at amortized cost include accounts payable and accruedliabilities.
(ii) Impairment
At the end of each reporting period, the Association assesses whether there are anyindications that a financial asset measured at amortized cost may be impaired.Objective evidence of impairment includes observable data that comes to the attentionof the Association, including but not limited to the following events: significant financialdifficulty of the issuer; a breach of contract, such as a default or delinquency in interestor principal payments; and bankruptcy or other financial reorganization proceedings.
When there is an indication of impairment, the Association determines whether asignificant adverse change has occurred during the period in the expected timing oramount of future cash flows from the financial asset.
When the Association identifies a significant adverse change in the expected timing oramount of future cash flows from a financial asset, it reduces the carrying amount of theasset to the greater of the following:
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
1. Significant accounting policies (continued)
- the present value of the cash flows expected to be generated by holding the assetdiscounted using a current market rate of interest appropriate to the asset; and
- the amount that could be realized by selling the asset at the statement of financialposition date.
Any impairment of the financial asset is charged to income in the period in which theimpairment is determined.
When the extent of impairment of a previously written-down asset decreases and thedecrease can be related to an event occurring after the impairment was recognized, thepreviously recognized impairment loss is reversed to the extent of the improvement, butnot in excess of the impairment loss. The amount of the reversal is recognized inincome in the period the reversal occurs.
(d) Investments
Investments consist of Canadian fixed income investments with maturity dates greater thanthree months from the date of acquisition. Fixed income investments maturing within twelvemonths from the year-end date are classified as current.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
1. Significant accounting policies (continued)
(e) Capital assets
The costs of capital assets are capitalized upon meeting the criteria for recognition as acapital asset, otherwise, costs are expensed as incurred. The cost of a capital assetcomprises its purchase price and any directly attributable cost of preparing the asset for itsintended use.
Capital assets are measured at cost less accumulated amortization and accumulatedimpairment losses.
Amortization is provided for on a straight-line basis at rates designed to amortize the cost ofthe capital assets over their estimated useful lives. The annual amortization rates are asfollows:
Computer equipment 5 yearsFurniture and fixtures 10 years
Leasehold improvements are amortized on a straight-line basis over the remaining term ofthe lease.
A capital asset is tested for impairment whenever events or changes in circumstancesindicate that its carrying amount may not be recoverable. If any potential impairment isidentified, then the amount of the impairment is quantified by comparing the carrying value ofthe capital asset to its fair value. Any impairment of the capital asset is charged to income inthe period in which the impairment is determined.
An impairment loss is not reversed if the fair value of the capital asset subsequentlyincreases.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
1. Significant accounting policies (continued)
(f) Intangible assets
Intangible assets consist of separately acquired computer application software.
The costs of intangible assets are capitalized upon meeting the criteria for recognition as anintangible asset, otherwise, costs are expensed as incurred. Expenditures or internallygenerated intangible assets during the development phase are expensed as incurred. Thecost of a separately acquired intangible asset comprises its purchase price and any directlyattributable cost of preparing the asset for its intended use.
Intangible assets are measured at cost less accumulated amortization and accumulatedimpairment losses.
Amortization is provided for on a straight-line basis over a period of five years at a ratedesigned to amortize the cost of the intangible assets over their estimated useful lives.
An intangible asset is tested for impairment whenever events or changes in circumstancesindicate that its carrying amount may not be recoverable. If any potential impairment isidentified, then the amount of the impairment is quantified by comparing the carrying value ofthe intangible asset to its fair value. Any impairment of the intangible asset is charged toincome in the period in which the impairment is determined.
An impairment loss is not reversed if the fair value of the intangible asset subsequentlyincreases.
(g) Net assets invested in capital and intangible assets
Net assets invested in capital and intangible assets comprises the net book value of capitaland intangible assets less the unamortized balance of lease incentives used to purchasecapital assets.
(h) Contributed services
The work of the Association is dependant on the voluntary service of many individuals. Sincethese services are not normally purchased by the Association and because of the difficulty ofdetermining their fair value, contributed services are not recognized in these financialstatements.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
1. Significant accounting policies (continued)
(i) Management estimates
The preparation of financial statements in conformity with Canadian accounting standards fornot-for-profit organizations requires management to make judgments, estimates andassumptions that affect the application of accounting policies and the reported amounts ofassets and liabilities and the disclosure of contingent assets and liabilities at the date of thefinancial statements and the reported amounts of revenues and expenses during the currentperiod. Actual results may differ from the estimates, the impact of which would be recordedin future periods.
Estimates and underlying assumptions are reviewed on an ongoing basis. Revisions toaccounting estimates are recognized in the year in which the estimates are revised and inany future years affected.
2. Financial risk management
The Association is exposed to various risks through its financial instruments. The followinganalysis provides a measure of the Associations' risk exposure and concentrations.
The financial instruments of the Association and the nature of the risks to which it may be subjectare as follows:
Risks
Market risk
Financial instrument Credit Liquidity Currency Interest rate Other price
Cash X XSundry receivables X Investments X XAccounts payable and accrued
liabilities X
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
2. Financial risk management (continued)
Credit risk
The Association is exposed to credit risk resulting from the possibility that parties may default ontheir financial obligations, or if there is a concentration of transactions carried out with the sameparty, or if there is a concentration of financial obligations which have similar economiccharacteristics that could be similarly affected by changes in economic conditions, such that theAssociation could incur a financial loss. The Association does not hold directly any collateral assecurity for financial obligations of counterparties.
The maximum exposures of the Association to credit risk is as follows:
2014 2013$ $
Cash 1,126,538 1,030,567Sundry receivables 8,655 15,168Investments 1,233,022 1,216,315
2,368,215 2,262,050
The Association reduces its exposure to the credit risk of cash by maintaining balances withCanadian financial institutions.
The Association manages its exposure to credit risk associated with investments through itsinvestment policy which restricts the types of eligible investments. The policy permits investmentsin debt securities rated by DBRS as AA or higher and issued or guaranteed by the Government ofCanada, a provincial government or a Schedule 1 Canadian Bank. In addition, the policy limitsindividual investments to $300,000.
Liquidity risk
Liquidity risk is the risk that the Association will not be able to meet a demand for cash or fund itsobligations as they come due.
The Association meets its liquidity requirements by preparing and monitoring detailed forecasts ofcash flows from operations and anticipated investing and financing activities and holding assetsthat can be readily converted into cash.
Market risk
Market risk is the risk that the fair value or future cash flows of a financial instrument will fluctuatebecause of changes in market prices. Market risk is comprised of currency risk, interest rate riskand other price risk.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
2. Financial risk management (continued)
Currency risk
Currency risk refers to the risk that the fair value of financial instruments or future cash flowsassociated with the instruments will fluctuate due to changes in foreign exchange rates.
The Association is not exposed to currency risk.
Interest rate risk
Interest rate risk refers to the risk that the fair value of financial instruments or future cash flowsassociated with the instruments will fluctuate due to changes in market interest rates.
The Association is exposed to interest rate risk on its cash and investments.
The Association's cash includes amounts on deposit with financial institutions that earn interest atmarket rates.
The Association manages its exposure to the interest rate risk of its cash by maximizing theinterest income earned on excess funds while maintaining the minimum liquidity necessary toconduct operations on a day-to-day basis. Fluctuations in market rates of interest on cash do nothave a significant impact on the Association's results of operations.
The objective of the Association with respect to its investments is to ensure the security ofprincipal amounts invested and provide for a high degree of liquidity, while achieving a satisfactoryinvestment return.
The Association manages the interest rate exposure of its investments by using a ladderedportfolio with varying terms to maturity. The laddered structure of maturities helps to enhance theaverage portfolio yield while reducing the sensitivity of the portfolio to the impact of interest ratefluctuations.
The Association does not use derivative financial instruments to manage its exposure to interestrate risk.
Other price risk
Other price risk refers to the risk that the fair value of financial instruments or future cash flowsassociated with the instruments will fluctuate because of changes in market prices (other thanthose arising from currency risk or interest rate risk), whether those changes are caused byfactors specific to the individual instrument or its issuer or factors affecting all similar instrumentstraded in the market.
The Association is not exposed to other price risk.
Changes in risk
There have been no significant changes in the Association's risk exposures from the prior year.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
3. Investments
Quantity 2014 2013$ $ $
Province of Ontario -4.29% - due 06/02/16 65,874 63,845 62,455
Province of Ontario -4.42% - due 11/03/19 387,319 332,901 328,020
Province of Quebec -4.38% - due 06/01/21 418,089 334,931 330,249
Province of Saskatchewan -2.86% - due 05/30/22 325,393 250,943 248,405
Province of British Columbia -3.33% - due 08/23/24 365,390 250,402 247,186
1,233,022 1,216,315
4. Capital assets
CostAccumulatedAmortization
2014Net
$ $ $
Computer equipment 90,935 80,604 10,331Furniture and fixtures 68,643 45,870 22,773Leasehold improvements 299,787 200,941 98,846
459,365 327,415 131,950
CostAccumulatedAmortization
2013Net
$ $ $
Computer equipment 88,128 72,899 15,229Furniture and fixtures 68,643 39,396 29,247Leasehold improvements 299,787 172,010 127,777
456,558 284,305 172,253
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
5. Intangible assets
Intangible assets are comprised of database application software.
CostAccumulatedAmortization
2014Net
$ $ $
Database application software 177,329 133,351 43,978
CostAccumulatedAmortization
2013Net
$ $ $
Database application software 177,329 97,885 79,444
6. Accounts payable and accrued liabilities
2014 2013$ $
Trade payables and accrued liabilities 230,885 208,264Government remittances 25,293 20,876
256,178 229,140
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
7. Deferred lease incentives
Pursuant to a lease agreement for its office premises which expires August 31, 2017, andincludes two five-year renewal options, lease incentives totaling $101,820, comprised of reducedrent benefits of $28,000 and tenant inducements of $73,820 were received.
During the year, amortization of lease incentives in the amount of $9,775 (2013 - $9,775) wascredited to rent.
CostAccumulatedAmortization
2014Net
$ $ $
Lease incentives 73,820 49,609 24,211Reduced rent benefits 28,000 18,816 9,184
101,820 68,425 33,395
CostAccumulatedAmortization
2013Net
$ $ $
Lease incentives 73,820 42,522 31,298Reduced rent benefits 28,000 16,128 11,872
101,820 58,650 43,170
8. Internally restricted net assets
Pursuant to the revised Memorandum of Understanding between the Superintendent ofBankruptcy and the Association dated October 8, 2009, the Association is responsible for themaintenance and revision of all course materials associated with the CQP, as well as futurestrategic reviews of the CQP associated with the five year review of the Memorandum ofUnderstanding. As the Association is a not-for-profit organization, and the estimated costs offuture strategic review and maintenance of the CQP are significant, the Association has chosen tointernally restrict a portion of its net assets in order to fund the estimated costs of the continueddevelopment and maintenance of the CQP.
The Association has estimated that $1,000,000 should be internally restricted for the purpose ofupdating and replacing CQP course content.
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CANADIAN ASSOCIATION OF INSOLVENCY AND RESTRUCTURINGPROFESSIONALS / ASSOCIATION CANADIENNE DES PROFESSIONNELS DEL'INSOLVABILITÉ ET DE LA RÉORGANISATION
Notes to Financial Statements (continued)
March 31, 2014
9. Other income
In 2013, other income included $50,217 relating to the Association's share of the proceeds fromthe settlement of a jointly filed lawsuit between the Association and the ExpoSoft Group againstthe Directors of the Association's former payment processing service provider and their insurer.
10. Investment income
2014 2013$ $
Interest from cash 16,048 20,276Interest from investments 43,803 29,914Unrealized gain (loss) on investments (27,096) 13,638
32,755 63,828
11. Commitment
Future minimum annual lease payments for the office premises of the Association including anestimate of the proportionate share of property taxes, operating expenses and utilities are asfollows:
$
2015 129,9602016 129,9602017 129,9602018 54,150
444,030
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Canadian Association of Insolvency and Restructuring Professionals/Association canadienne des professionnels de l’insolvabilité et de la réorganisation277 Wellington Street West/rue Wellington ouest, Toronto, ON M5V 3H2
www.cairp.ca