To: roger fontaine who wrote (1642 ) 3/16/1999 8:09:00 PM From: roger fontaine Respond to of 1706
Tuesday, March 16, 1999 PAUL WALDIE The Globe and Mail Toronto -- An Ontario judge has given insolvent Royal Oak Mines Inc. five more days of court protection from creditors owed a total of $600-million. In a decision released yesterday, Mr. Justice James Farley of the Ontario Court's General Division also said he expects to decide by Friday whether Royal Oak should receive more emergency funding. Kirkland, Wash.-based Royal Oak filed for court protection on Feb. 15 and has been surviving on an $8.4-million loan from its biggest creditor, Trilon Financial Corp. Royal Oak has three gold mines in Canada and about 1,000 employees. Toronto-based Trilon cut off the loan last week after Royal Oak made three unauthorized payments totalling $1.2-million, including nearly $600,000 for premiums on a life insurance policy for six executives. Royal Oak's court-appointed monitor, PriceWaterhouseCoopers Inc., said the payments were made without the required approval from Trilon or the monitor. Royal Oak has had the payments reversed. In his ruling, Judge Farley criticized the company for making the payments. "It is puzzling and troublesome why Royal Oak made the three improper payments," he wrote. "In response to my inquiry as to why these payments were in fact made, I was only advised that Royal Oak had made a very serious mistake. I trust that Royal Oak will reflect upon that very carefully as it impacts upon its future as a corporation," he added. On Friday, Patricia Jackson, a lawyer representing Royal Oak, told a court hearing that the payments were made because of a misunderstanding as to what the company could do. "There's no question it ought not to have happened," she said. But yesterday, Royal Oak said it did nothing wrong. "Actions taken by the company in making the [payments] were in accordance with the budget previously submitted to Trilon and the monitor and were not the result of any wrongdoing," the company said in a press release. "Problems with the timing of these payments arose only because the company has not received the full amount of the advance." Only $4-million has been advanced under the loan, but Royal Oak has spent $8.9-million. The company said it needs at least another $12-million to keep operating for another month. It wants court protection to extend at least until then. Trilon, which is owed $186-million, has said it will provide more financing but it wants any further loan to rank ahead of all other creditors. Another major creditor, Bank of Nova Scotia, opposes any further financing, arguing that the company is unlikely to produce a workable restructuring plan. The bank, owed $7.3-million, wants the company to consider filing for receivership. Judge Farley said he will rule on the issue of further financing after the monitor completes an analysis of Royal Oak's spending plans for the next month. That review is expected to be finished today. The judge also said the monitor must have added powers to review Royal Oak's spending "to ensure that Royal Oak does not get off the tracks as it did concerning the three unauthorized payments." Judge Farley said other creditors should also consider providing financing. And, he questioned why Royal Oak filed for court protection in the first place, given that the company appeared to be in serious financial trouble for some time. "It is unclear what truly precipitated the Feb. 15 application. Applicants should not rely on indulgences being automatically given when the applicant has in effect placed a gun to its own head and threatened to pull the trigger." The company's fate is being decided in an Ontario court because its shares trade on the Toronto Stock Exchange. A hearing on a further extension of creditor protection begins Thursday.