QuadrigaCX

Status Update

May 12, 2023

Dear Affected Users:

Further to our most recent Status Update, the Trustee has now posted a Notice to Affected Users providing details about the manner and procedure for the Interim Distribution and other related information. Please click here to review the Trustee’s Notice.

As shown in the Trustee’s Notice:

1. As of May 2023, the total claims against Quadriga amount to about CAD 305.66 million (“Total Claims”)
2. The Total Claims includes approximately CAD 2.46 million of disputed claims which are subject to a Notice of Revision or Disallowance. Please see our last status update for a description of a Notice of Revision or Disallowance and an explanation of your next required steps if you received a Notice of Revision or Disallowance. No distribution will be made on disputed claims until the dispute is settled.
3. As previously reported, the Trustee was working with the Canada Revenue Agency (“CRA”) in order for CRA to complete its audit (“CRA Audit”) in order to determine Quadriga’s tax liabilities and finalize CRA’s claim in the bankruptcy proceedings.  The CRA Audit is now complete. The Trustee, in consultation with the estate inspectors (“Inspectors”), has accepted the proof of claim filed by CRA in the amount of $11,787,528.17. Completion of the CRA’s proof of claim was the final material hurdle to the declaration of a distribution.
4. Each creditor with a proven claim will receive about 13% of their claim after a levy deduction. This dividend accounts for roughly 87% of the funds currently held by the Trustee.
5. The remainder of the funds will be distributed at a later date and is reserved for future bankruptcy-related disbursements.

Please review the Trustee’s notice closely for details on the above.

If you have a change of address, please contact the Trustee immediately at quadriga.trustee@ca.ey.com or 1-855-870-2285.

If you have any further questions for Representative Counsel, please contact us at quadrigacx@millerthomson.com. All material updates will be posted on our website.

 

May 8, 2023

Update Regarding Claims and Notice of Dividend Distribution

Dear Affected Users:

As previously reported, Ernst & Young Inc. in its capacity as the trustee-in-bankruptcy (“Trustee”) in the ongoing bankruptcy proceedings of QuadrigaCX, in consultation with the estate inspectors (“Inspectors”), has declared an interim distribution (“Interim Distribution”).  In the coming weeks, the Trustee intends to post a Notice to Affected Users providing details about the manner and procedure for the Interim Distribution and other related information.  Once posted, we will also make the Trustee’s notice available on this website.

Please note that a small number of Affected Users are expected to receive a Notice of Disallowance of Claim. If you receive a Notice of Disallowance from the Trustee, please review the FAQ below.

1. What is a Notice of Disallowance?

A Notice of Disallowance is a formal document sent to a creditor by the Trustee. It informs the creditor that their claim has been revised (reduced) or disallowed (rejected) in the bankruptcy process. This can happen if the Trustee or the court believes the claim is invalid, incorrect, or unsubstantiated.

2. I received a Notice of Disallowance from the Trustee. What should I do next?

If you received a Notice of Disallowance, you have the right to appeal the decision. The first step is to review the reasons for the revision or disallowance and gather any necessary evidence to support their claim.  In this case, the Trustee is most likely to have issued a Notice of Disallowance if there was a discrepancy in your proof of claim (for example, if you included a different amount in your Proof of Claim than what appeared on the QuadrigaCX database).

3. How can I appeal the decision?

Your Notice of Disallowance will include detailed steps on how to appeal.  In most cases, you will need supporting documents to be filed with the Court, including:

1. A copy of the original Proof of Claim submitted which you submitted with the Trustee;
2. A copy of the Notice of Revision or Disallowance;
3. A detailed explanation of the reasons for the appeal (i.e. explain why you disagree with the reasons in the Notice of Disallowance);
4. Any supporting evidence or documentation to substantiate your claim (for example, a copy of transaction documents or proof of purchase)

Once you have filed your appeal application, the court will review the case and may request additional information from you, the debtor, or the Trustee. The court may also schedule a hearing where all parties can present their arguments.

4. What are the possible outcomes of an appeal of a Notice of Disallowance?

After reviewing the case and hearing from all parties involved, the court may decide to:

1. Uphold the original Notice of Disallowance, which means your claim remains revised or disallowed;
2. Modify the Notice of Disallowance, which could involve increasing or decreasing the amount of the claim; or
3. Overturn the Notice of Disallowance, effectively reinstating your original claim.

If you receive a Notice of Disallowance and require assistance in how to proceed, please contact Representative Counsel.

If you have any further questions for Representative Counsel, please contact us at quadrigacx@millerthomson.com. All material updates will be posted on our website.

Thank you for your patience in this matter.

Status Update

December 20, 2022

The Trustee and Representative Counsel have become aware of an unauthorized movement of bitcoin from certain cold wallets held by Quadriga. The cold wallets, listed below, were previously noted in the First, Second and Third Reports of the Monitor in the CCAA Proceedings. As previously reported, on February 6, 2019, the day after the Initial Order was granted in the CCAA proceedings, Quadriga inadvertently transferred certain cryptocurrency into cold wallets that the Applicants were unable to access.

Ernst & Young Inc. acting in its capacity as court appointed Monitor and subsequently as Trustee in Bankruptcy worked with management and others to recover the bitcoin transferred to these wallets. However, the private keys associated with the cold wallets have not been located despite the detailed review. The locked bitcoin remained within the Quadriga cold wallets until December 16, 2022, prior to the unauthorized transfers being initiated. The Trustee confirms that it did not initiate the transfers.

The Trustee and Representative Counsel are actively investigating the unauthorized transfers for the benefit of the Estate. The addresses of the Quadriga cold wallets are as follows:

(a) 1MhgmGaHwLAvvKVyFvy6zy9pRQFXaxw;

(b) 1JPtxSGoekZfLQeYAWkbhBhkr2VEDAD;

(c) 1ECUQLuioJbFZAQchcZq9pggd4Ewcpu;

(d) 1J9Fqc3TicNoy1Y7tgmhQznWrP5AVLX;

(e) 1HyYMMCdCcHnfjwMW2jE4cv9qVkVDFU; and

(f) 1JZJaDDC44DCKLnezDsbW43Zf8LspCKBYP

 

The Trustee has posted a similar update which is available on their website.

Status Update

 August 30, 2022

 Affected Users:

In our previous status updates, we reported that Canada Revenue Agency (“CRA”) has been completing its audit (the “CRA Audit”) to determine QuadrigaCX’s tax liabilities for the purpose of completing CRA’s claim (“Proof of Claim”) in these bankruptcy proceedings. The CRA Audit has been the primary obstacle moving towards a distribution in this case.

Representative Counsel is pleased to advise that Ernst & Young (the “Trustee”) has now received the CRA’s Proof of Claim. Representative Counsel views the receipt of the Proof of Claim as a material step towards finalizing a distribution to all Affected Users.

We appreciate your patience in this matter. We will post a further status update promptly once an update is available on the next steps in these proceedings.

At this time, since a dividend has not yet been declared and distribution has not yet occurred, Representative Counsel recommends that any Affected User who has not already filed a Proof of Claim with the Trustee to do so at your earliest opportunity. Any questions regarding completing or filing a proof of claim may be directed to Representative Counsel at quadrigacx@millerthomson.com.

Status Update

January 19, 2022

Affected Users:

In our previous Status Update, we have advised that:

1. Ernst & Young Inc. (the “Trustee”) complied with a production demand made by CRA in order for the CRA to complete its audit (the “CRA Audit”) and determine Quadriga’s tax liabilities (if any) for the purpose of finalizing CRA’s claim in these bankruptcy proceedings, and
2. The Trustee was in the process of reviewing certain documents from the CRA relating to its claim and that the target for the review to conclude was November 12, 2021.

The Trustee provided a response to the CRA by the November 12, 2021 date regarding its claim and currently awaits their reply. As previously reported, the CRA Audit and the final determination of CRA’s claim has been one of the primary hurdles to reaching the distribution stage of these proceedings.

As an update, Representative Counsel has recently been advised that:

1. The CRA are continuing to assess materials provided by the Trustee in relation to its claim.  Due to the complexity of the information being reviewed CRA’s review of the Trustee’s response is taking longer than expected.
2. CRA has advised that they expect to respond to the Trustee by the end of February (delayed from January).

Representative Counsel is awaiting the final determination of CRA’s claim.

At this time, a dividend to creditors has not yet been declared. Representative Counsel recommends that any Affected User who has not already filed a Proof of Claim with the Trustee do so at your earliest opportunity. Any questions regarding completing or filing a Proof of Claim may be directed to Representative Counsel.

Please also be advised that all material developments, including any court motions or scheduled meetings, will be posted on the Website. Please direct any specific inquiries to Representative Counsel at quadrigacx@millerthomson.com.

 

Status Update

October 29, 2021 

This Status Update is intended to provide Affected Users with information on developments and anticipated next steps in Quadriga’s ongoing bankruptcy proceedings.

The Bankruptcy and Insolvency Act (the “BIA”) provides that in a bankruptcy, the trustee distributes the proceeds of its realization of the bankrupt estate by the payment of “dividends” to the unsecured creditors. Sections 148 and 149 of the BIA set out the scheme for the payment of dividends by the trustee. One of the requirements that must be met in advance of distribution is that all necessary filings, including income tax filings, are complete.

As previously reported, on April 14, 2020, the Court granted an Order authorizing Ernst & Young Inc. (in such capacity, the “Trustee”) to comply with a production demand made by  Canada Revenue Agency (“CRA”), so that the CRA could complete its audit (the “CRA Audit”) and determine Quadriga’s tax liabilities (if any). The purpose of the CRA Audit was to finalize and file CRA’s claim in Quadriga’s bankruptcy proceedings. The CRA Audit and the final determination of CRA’s claim have been the primary hurdle to reaching the distribution stage of these proceedings.

Recently, the Trustee advised that it has received documents from the CRA related to its claim in the bankruptcy. At this time, Representative Counsel has not reviewed the CRA’s documents. Representative Counsel has been in discussions with the Trustee and has been advised that the Trustee is currently reviewing the documents. We understand the target date for concluding this review is on or before November 12, 2021. Representative Counsel will provide a further update after November 12, 2021 on the status of the CRA’s claim.

Given the novelty and complexity of this case as the first cryptocurrency exchange to be subject to bankruptcy proceedings in Canada, the particularities of the next procedural steps and the timeline of these steps are yet to be determined. The Trustee, Representative Counsel, the Official Committee and the inspectors will have input in determining the distribution process.

At this time, since a dividend has not yet been declared and distribution has not yet occurred, Representative Counsel recommends that any Affected User who has not already filed a Proof of Claim with the Trustee to do so at your earliest opportunity. Any questions regarding completing or filing a proof of claim may be directed to Representative Counsel.

Please also be advised that all material developments, including any court motions or scheduled meetings, will be posted on the Website. Please direct any specific inquiries to Representative Counsel at quadrigacx@millerthomson.com.

 

April 12, 2021

On April 2, 2021, on instruction from the Official Committee, Representative Counsel (“us” or “we”) sent a letter to the Trustee to raise a concern of some Affected Users in light of the Court’s decision that cryptocurrency claims will be valued as at the date of bankruptcy (the “Letter”).  The Court’s reasoning for the valuation date was grounded in what can be summarized as “administrative efficiency”.

As it currently stands, the claims of Affected Users vastly exceed the funds currently held by the Trustee. However, the concern raised in the Letter arises if, hypothetically, additional cryptocurrency is recovered in the future and, at that time, the prevailing market prices of cryptocurrencies have continued to increase such that the funds held by the Trustee – after converting into Canadian dollars – would exceed all of the claims of Affected Users valued as at the date of bankruptcy. If that were happen, the Trustee would be holding a “surplus”. In essence, this surplus would represent the increase in the value of the applicable cryptocurrency between the date of bankruptcy and the hypothetical date where future recoveries of cryptocurrency are liquidated into Canadian dollars for distribution.

Technically, the bankrupt is entitled to any surplus remaining after payment in full of the bankrupt’s creditors. In this case, that may mean that the surplus flows to Quadriga’s shareholders (i.e., Gerald Cotten’s estate and others) after paying out Affected Users’ claims in full (valued as at the date of bankruptcy). From Affected Users’ perspective, the application of this section of the BIA to Quadriga’s case leads to an unfair result.  The Official Committee instructed us to make the Trustee aware of these concerns and that, should such a situation arise in the future, Affected Users may take a position or challenge any decision to distribute to any such surplus to Quadriga’s shareholders.

Please click here to review the Letter.

 

Status Update

March 19, 2021

As you are aware, the Conversion Motion occurred on January 26, 2021 via Zoom. A summary of the court proceedings can be found below as a “Status Update” dated February 8, 2021.

Hainey J. of the Commercial List released a handwritten endorsement on the Conversion Motion on March 1, 2021, and agreed with submissions by counsel for the Trustee. It was determined that the valuation of the cryptocurrency claims should be completed as of the date of bankruptcy on April 15, 2019. A PDF copy of the endorsement can be found on our website at this link.

Status Update

February 23, 2021

The Trustee and Representative Counsel have received a number of messages and questions from Affected Users since February 9, 2021 when the imitation of the original website portal of Quadriga at www.quadrigacx.com  (the “Imitation Website”) surfaced online.  If you visited the Imitation Website and attempted to log in with your Quadriga username and password, we would suggest that out of an abundance of caution you immediately change your password for your logins for websites or your devices that use the same or similar information as your Quadriga login information. You may consider changing your password hints or security questions for other websites or devices. If your Quadriga username and password are related to your email address, be aware that you may be contacted at that email address. Attackers may attempt to get you to disclose other personal information or passwords in order to access your online accounts or commit identity theft.  Accordingly, you may wish to take the following additional precautions with respect to future email messages that you receive and to further protect your personal information:

• Keep an eye out for suspicious e-mails asking to transfer funds or to provide your account credentials.
• Check the authenticity of senders for e-mails you receive. Attackers may pose as people you know, or companies that you recognize, using names familiar to you, but sending an e-mail from an unfamiliar source. This can be done by looking at the domain name at the end of an e-mail address (e.g. @gmail.com, @outlook.com). Where a domain name does not match, it may be fraudulent. Take care to look for exact matches: fraudsters will often send messages from a domain that looks very similar to a legitimate name, such as by adding an extra letter or character, or exchanging a letter for a similar-looking letter or character (e.g. @outllook.com, @gmai1.com).
• Even if an email contains the logos of a recognized business, review the message carefully for spelling errors, odd syntax or turns of phrase, or other possible signs that the message may not have originated from the real business.
• Even where an email appears to come from a known source, exercise caution with respect to clicking on links or documents that you were not expecting, and do not respond to email requests for your password or log-in credentials.
• Monitor your bank and credit card statements and notify the financial institution if there has been any unauthorized activity with your account.
• Scan your computer/device for viruses and malware. Even if you did not click on any links on the Imitation Website, it is possible for the site to have installed malware on your system.  Anti-virus software can examine your computer, alerting you to any files that may have been infected.
• Update your computer software to the most current version.

Finally, please be aware of any e-mail you receive from an “@quadrigacx.com” email  address. It may be possible for the Imitation Website owner to send e-mails that appear to be from the Quadriga domain.

Emails in respect of the Quadriga bankruptcy will only come from the Trustee (Ernst and Young) and Representative Counsel (Miller Thomson).

 

Status Update

February 9, 2021

The Trustee has advised that a new website has been posted to www.quadrigacx.com which is an imitation of the original website/portal of Quadriga (the “Imitation Website”). The Imitation Website is not authorized by the Trustee and not associated with the Trustee, Representative Counsel, the Official Committee of Affected Users or the continued administration of the Quadriga bankruptcy proceedings.

Affected Users should not use or attempt to access the Imitation Website or provide any personal/confidential information, including their previous Quadriga ID/password, to the Imitation Website.

A copy of the Trustee’s Notice to Affected Users regarding the Imitation Website can be found on the Trustee’s website at www.ey.com/ca/Quadriga.

In addition, Representative Counsel will be sending email to Affected Users notifying them to not use or access the Imitation Website.

Status Update

February 8, 2021

The motion brought by the Trustee in connection with the claims process, for the purpose of (among other things) establishing the date of bankruptcy for the reference date for the conversion of cryptocurrency claims (the “Conversion Date”), occurred on January 26, 2021 via Zoom. An Affected User (BlockCAT Technologies Inc., “BlockCAT”) retained independent counsel to assert that the Conversion Date should be set to February 5, 2019 instead of the April 12, 2019 date proposed by the Trustee.

Counsel for the Trustee made the following points:

• Cryptocurrency can be broadly defined as money/legal tender, virtual currency, digital currency, a form of payment, debt, a commodity, or a security, among other things.
• QuadrigaCX’s cryptocurrency claims are liquidated
• Claims should be determined with a view to the mitigation of costs involved with individual assessments relating to damages.
• Claims in a bankruptcy should be administered in an efficient and expeditious manner, and the Bankruptcy and Insolvency Act (the “BIA”) should be viewed as an orderly mechanism for the distribution of a debtor’s property to satisfy creditor claims according to predetermined priority rules.
  • Under this line of thought, counsel suggested that the definition of ‘property’ under the BIA is broad enough to capture cryptocurrency. They further argued that guidance should be taken from analogous situations relating to currency claims or bankruptcies of securities firms in the BIA context.
  • Counsel emphasized that Part XII and s. 215.1 of the BIA should be used as models to simplify the administration of these ‘liquidated’ cryptocurrency claims, with the result being that the appropriate Conversion Date is April 12, 2019.

Counsel for BlockCAT made these general responding points:

• Cryptocurrencies should not be viewed as money, are not in the nature of a debt, and require investigation beyond mere arithmetical calculation.
• QuadrigaCX’s cryptocurrency claims are not liquidated claims, and are instead unliquidated claims for the purposes of the BIA.
  • These unliquidated claims for damages should be valued according to the common law of damages, where losses are assessed at the time of the breach.
  • Fixing the Conversion Date at February 5, 2019 would be consistent with this common law, where damages for loss of property are assessed as of the date of the ‘wrong’.
• While it is appropriate for a bankruptcy to be administered expeditiously and with a view to mitigating individual valuation expenses, a bankruptcy must still be administered in accordance with the applicable law: counsel stated that the approach urged on the court by counsel for the Trustee was not legally correct.
  • Analogizing from s. 215.1 and Part XII of the BIA is not methodologically valid, as it would create a new rule applicable to cryptocurrency.
  • There is no legal basis to create a judicial holding by analogy to statute.
• Instead, the appropriate BIA provision to begin with is s. 135(1.1), on how to value unliquidated claims. From this point forward, counsel submitted that a legally ‘correct’ method would be for damages to be presumptively valued in accordance with the existing common law. As cryptocurrencies are unliquidated (given their need for market pricing data, among other factors) and should not be treated akin to securities, counsel argued that the appropriate Conversion Date is February 5, 2019.

Representative Counsel did not take a position on the above given the conflict between constituent groups of Affected Users. When a decision is reached on the above, Representative Counsel will post updates on its website. Questions on this matter can be directed to Representative Counsel at quadrigacx@millerthomson.com.

Status Update

January 20, 2021

As previously reported, the Trustee brought a Motion to, among other things, establish the date of bankruptcy, April 15, 2019, as the reference date for the conversion of cryptocurrency claims into Canadian dollars for distribution purposes (the “Conversion Date”)

BlockCAT Technologies Inc. (“BlockCAT”), an Affected User, served a Responding Motion Record, arguing the Conversion Date should be February 5, 2019, being the date Quadriga and its affiliates obtained creditor protection under the Companies’ Creditors Arrangement Act.

The Motion, originally scheduled for December 1, 2020, was adjourned to January 26, 2021.

On January 19, 2021, the Trustee served a Supplementary Report and Factum in response to BlockCAT’s position. A copy of the Trustee’s and BlockCAT’s court materials are available on the Trustee’s website.

In light of the conflicting interests of Affected Users with respect to the Conversion Date, and according to instructions from the Official Committee of Affected Users, Representative Counsel will not take a position at the motion.  Representative Counsel supports the Affected Users’ common interest in the expeditious resolution of the Conversion Date dispute.

In case there are any material developments with regards to the Motion, Representative Counsel will post updates on its website. Questions on this matter can be directed to Representative Counsel at quadrigacx@millerthomson.com.

Status Update

January 5, 2021

The Trustee’s motion before the Ontario Superior Court of Justice (Commercial List) was previously adjourned and is now scheduled to occur on January 26, 2021 at 10 AM. Affected Users who would like to attend can join using the below link.

Join Zoom Meeting
https://zoom.us/j/95331077063

Meeting ID: 953 3107 7063
One tap mobile
+13126266799,,95331077063# US (Chicago)
+13462487799,,95331077063# US (Houston)

Dial by your location
+1 312 626 6799 US (Chicago)
+1 346 248 7799 US (Houston)
+1 408 638 0968 US (San Jose)
+1 646 876 9923 US (New York)
+1 669 900 6833 US (San Jose)
+1 253 215 8782 US (Tacoma)
+1 301 715 8592 US (Washington D.C)

Meeting ID: 953 3107 7063
Find your local number: https://zoom.us/u/adDs7QJuNE

Questions on this matter can be directed to Representative Counsel at quadrigacx@millerthomson.com or the Trustee at quadriga.trustee@ca.ey.com.

 

Status Update

December 14, 2020

On December 13, 2020, the Trustee published a Notice to Affected Users (the “Notice“).

The purpose of this Notice is to provide Affected Users with an update regarding the motion initially scheduled by the Trustee before the Ontario Superior Court of Justice (Commercial List) for December 1st, 2020 (the “Motion”). The Trustee brought the Motion in connection with the claims process (the “Claims Process”) of Quadriga’s estate, including establishing the date of bankruptcy, April 15, 2019, as the reference date for the conversion of cryptocurrency claims into Canadian dollars for distribution purposes (the “Conversion Date”).

The Trustee prepared and filed the Seventh Report of the Trustee setting out its rationale for selecting the date of bankruptcy as the Conversion Date.

One Affected User retained counsel to assert that the Trustee should use the date of the Initial Order granted under the Companies’ Creditors Arrangement Act (the “Initial Order Date”) on February 5, 2019 as the Conversion Date.

In light of the competing options, the Court adjourned the Motion to January 26, 2021 to allow parties to file materials supporting their position.

The conversion date selected impacts recoveries of Affected Users. If the date of bankruptcy is the Conversion Date, this benefits cryptocurrency claims because of the general price increase of cryptocurrency between the Initial Order Date and the date of bankruptcy. On the other hand, if the Initial Order Date is the Conversion Date, this benefits fiat claims. The Court will ultimately decide the Conversion Date.

Since the adjournment of the Motion, Representative Counsel has had discussions regarding the adjudication process, including the role of Representative Counsel. This issue raises a conflict among two constituent groups of Affected Users. As such, Representative Counsel will not be taking a position on the Motion.

Representative Counsel will post an update on its website once a decision has been made.

Questions on this matter can be directed to Representative Counsel via email at quadrigacx@millerthomson.com.

 

Status Update

May 12, 2020

At Representative Counsel and the Official Committee’s request, on May 12, 2020, the Trustee published a Notice to Creditors: Interim Claim Status Report (the “Notice”). The purpose of the Notice is to provide Affected Users with an interim update on the status of the claims process, including total number of claims filed to May 6, 2020.

In aggregate, the Trustee received 16,959 proofs of claim in total. The breakdown of amounts of various currencies can be found on page 3 of the Notice.

As a final point, the Trustee has stated that as Quadriga failed to file tax returns in the ordinary course of business, the determination of a Canada Revenue Agency tax claim against Quadriga is necessary prior to the Trustee declaring any distribution to Affected Users or creditors generally, as tax claims rank pari passu with the unsecured claims of Affected Users.

For the purposes of avoiding further cost to the estate, this update is being posted on the website rather than being sent out in a mass communication. Questions on this matter can be directed to Representative Counsel via email at quadrigacx@millerthomson.com.

Status Update

April 16, 2020

On April 14, 2020, the Court heard a motion for an order (“Order”), among other things, authorizing the Trustee to comply with the production demand issued by the Canada Revenue Agency (“CRA”) pursuant to s. 231.2 of the Income Tax Act (“Production Demand”). A complete and unredacted copy of the Production Demand is included at Tab 2, Appendix B of the Trustee’s motion record.

As set out in the Production Demand, the purpose of the demand is to complete an audit of Quadriga’s tax liabilities (if any). The CRA has confirmed to Representative Counsel that Affected Users, as a group and individually, are not under investigation by the CRA.

In accordance with directions from the Official Committee, Representative Counsel attended the hearing but did not oppose the Order. A document outlining the rationale of the Official Committee for this decision can be found on our website.

The Court issued the Order, confirming that the Trustee is authorized and permitted to comply with the Production Demand.

CRA Production Demand

March 25, 2020

On March 24, 2020, the Trustee served a motion record, returnable on April 14, 2020, for an order, among other things, authorizing compliance with a production demand by the Canada
Revenue Agency (the “CRA”) that was issued pursuant to s. 231.2 of the Income Tax Act (the “Production Demand”).

The Production Demand requests access to QuadrigaCX records for the purposes of conducting an audit. It is published in unredacted form.

Representative Counsel has been negotiating with the Trustee and the CRA over the past few months in accordance with directions from the Official Committee. For an overview of the resolution of these outstanding tax issues, a document outlining the decision and rationale of the Official Committee and the resulting negotiations by Representative Counsel can be read on our website.

Implications of COVID-19, Miller Thomson LLP Offices and Communications as Representative Counsel

March 19, 2020

Please note that Miller Thomson LLP remains open for business. However, due to COVID-19, and to ensure the health and safety of our firm’s members and the public, our firm is moving toward working remotely (i.e., from our homes). For more information on Miller Thomson’s preparedness, please visit our website at the following URL: https://www.millerthomson.com/en/covid-19-resources/.

Notwithstanding this change in circumstances, Representative Counsel will continue to represent the interests of Affected Users in accordance with the Representative Counsel Appointment Order and there will be no disruption in our legal services or representation.

Representative Counsel continues to review inquiries received from Affected Users by email. In order to manage the volume of inquiries and to effectively respond to all Affected Users, we ask that all Affected Users submit inquiries to Representative Counsel through email at quadricx@millerthomson.com.

Representative Counsel reviews emails received through this email address and will respond to inquiries through further communications to Affected Users or as otherwise determined appropriate.

Thank you all for your patience.

Claims Process

On June 27^th, 2019, the Nova Scotia Supreme Court approved the claims process for Affected Users.

In order to file a claim, Affected Users must fill out and submit the Affected User Proof of Claim form. Please carefully review the Instruction Letter included with the Affected User Proof of Claim form to ensure proper completion of your claim.

The deadline to file a proof of claim was set at August 31, 2019.  However, the Bankruptcy and Insolvency Act (the “BIA”) does not impose a “bar date” for claims precluding parties who believe they have a claim from filing one; rather, the BIA provides that a claimant who fails to file a claim does not share in any distribution that was made prior to the filing of their claim (assuming claim is valid). Accordingly, if you were unable to file your proof of claim before the August 31, 2019 deadline, Representative Counsel recommends you file your proof of claim with the Trustee as soon as possible, since a distribution has neither occurred nor been declared.

Please note that all Proof of Claim forms should be properly completed and delivered to Ernst & Young Inc. in its capacity as trustee in bankruptcy of 0984750 B.C. Ltd. DBA Quadriga CX and Quadriga Coin Exchange. Sending your information to Representative Counsel does not constitute filing a claim in the claims process.

Proof of Claim forms may be submitted by hand delivery, courier, fax OR email as follows:

Ernst & Young Inc.
Court-appointed Trustee of Quadriga
Ernst & Young Tower
100 Adelaide Street West
Toronto, Ontario M5H 0B3

Attn: Quadriga Trustee

Email: quadriga.trustee@ca.ey.com
Fax: 416-864-1174

Any questions related to filling out the Affected User Proof of Claim form may be directed to Representative Counsel at quadrigacx@millerthomson.com.

Statement from the Official Committee of Affected Users

August 12, 2019

RE: Inadvertent Transfer of ~104BTC

The Official Committee of Affected Users (the “Official Committee”) has worked extensively with Representative Counsel to investigate and consider potential claims, and the cost and risks associated with such claims, surrounding the inadvertent transfer of approximately 104 btc into five (5) inaccessible cold wallets of Quadriga (the “Transfer”). The Transfer occurred on or about February 7, 2019. The five (5) inaccessible cold wallets were described as the “Identified Bit Coin Cold Wallets” in paragraph 43 of the Third Report of the Monitor dated March 1, 2019. Ernst & Young Inc. in its capacity as Monitor of Quadriga and its affiliated entities reported the relevant facts surrounding the Transfer in the First Report of the Monitor dated February 12, 2019 and the Second Report of the Monitor dated February 20, 2019 (collectively, the “Monitor’s Reports”).

In addition to receiving legal advice from Representative Counsel, which is subject to privilege and confidentiality, the Official Committee considered a number of factors, including:

• the facts and circumstances surrounding the Transfer, as set out in the Monitor’s Reports and certain additional facts, which are confidential;
• the legal uncertainties surrounding potential liability;
• the costs associated with pursuing such a claim to judgment, including any appeals of same;
• the potential adverse impact, costs and delay on the ongoing insolvency proceedings;
• the costs associated with obtaining recognition of and enforcing a judgment, and the likelihood of collecting on the judgment;
• the potential adverse consequences to the Quadriga estate if any claim was unsuccessful;
• the quantum at issue relative to the costs involved in pursuing claims; and
• that there is no information known to support any improper or malicious intent by any party involved with the Transfer.

After significant deliberations within the Official Committee, and based on the advice of Representative Counsel, the Official Committee determined that it is not in the best interests of Affected Users to spend estate resources to pursue claims with respect to the Transfer.

Update for Affected Users

August 1, 2019

Representative Counsel has been made aware that certain Affected Users believe that the Trustee may be producing additional information to Affected Users to assist with filing proofs of claim. We have discussed the issue with the Trustee and understand that there is NOT additional information for Affected Users that can be made available at this time, including trading histories and withdrawal histories.

Affected Users should refer to the Instruction Letter included with their claim package to assist with filing their proof of claim and use the claims tool made available by the Trustee at https://userbalance.quadrigacxtrustee.com/ to determine their Quadriga account balance for purposes of filing a proof of claim. Affected Users may also refer to Guides, FAQs and Sample Forms produced by Representative Counsel to assist Affected Users with their proofs of claim. The Guides, FAQs and Sample Forms are available at https://www.millerthomson.com/en/quadrigacx/. These may particularly be of assistance if you disagree with your account balance as set out in the claims tool made available by the Trustee, including if you have a “Completed Withdrawal” for which you did not receive any funds.

To summarize, there will not be additional information made available to Affected Users by the Trustee to assist with filing their proofs of claim and Affected Users should proceed with filing their proofs of claim prior to August 31, 2019.

Quadriga CCAA Proceeding

Pursuant to the Order of the Honourable Mr. Justice Michael J. Wood of the Nova Scotia Supreme Court issued February 5, 2019 (the “Initial Order”): (i) Quadriga Fintech Solutions Corp., Whiteside Capital Corporation and 0984750 B.C. Ltd. (dba QuadrigaCX and Quadriga Coin Exchange) (collectively, the “Applicants”) were granted protection under the Companies’ Creditors Arrangement Act, R.S.C. 1985, c.C-36, as amended (the “CCAA”); and (ii) Ernst & Young Inc. was appointed as Monitor of the Applicants.

Further information regarding the Quadriga case is available on the Monitor’s website at https://documentcentre.eycan.com/Pages/Main.aspx?SID=1445.

Appointment as Representative Counsel

Pursuant to the order of the Nova Scotia Supreme Court issued February 28, 2019 (the “Representative Counsel Appointment Order”), Miller Thomson LLP and Cox & Palmer (together, “Representative Counsel”), were appointed as representative counsel on behalf of users affected by the shutdown of the QuadrigaCX cryptocurrency exchange platform (collectively, the “Affected Users”).

Official Committee

Pursuant to the Representative Counsel Appointment Order, Representative Counsel, in consultation with the Monitor, was directed to establish the Official Committee of Affected Users (the “Official Committee”), to provide input and direction to Representative Counsel.

By Order of the Nova Scotia Supreme Court, dated March 19, 2019, the Official Committee has been appointed (the “Committee Appointment Order”). The Official Committee consists of seven (7) Affected Users (“Committee Members”) and two (2) Alternate Committee Members who are representative of the diverse interests comprising the Affected Users. The list of Committee Members can be found in the Committee Appointment Order.

Quadriga Bankruptcy Proceeding

On April 11, 2019, the Court issued an Order (the “Bankruptcy Transition Order”) terminating the CCAA Proceedings of Quadriga Fintech Solutions Corp., Whiteside Capital Corporation and 0984750 B.C. Ltd. (dba QuadrigaCX and Quadriga Coin Exchange).

On April 15, 2019, Quadriga Fintech Solutions Corp., Whiteside Capital Corporation and 0984750 B.C. Ltd. (dba QuadrigaCX and Quadriga Coin Exchange) made an assignment into bankruptcy, naming Ernst & Young Inc. as the trustee in bankruptcy (in such capacity, the “Trustee”).

Communications with Representative Counsel

Representative Counsel has established this webpage to facilitate communications with the Affected Users. The webpage will include information and documents relevant to Affected Users.

Representative Counsel has received from Ernst & Young Inc. a list of Affected Users, including their contact information and QuadrigaCX customer IDs.

Please note that Representative Counsel is experiencing a high volume of email inquiries.

Part of Representative Counsel’s duties prescribed by the Representative Counsel Appointment Order, is to communicate with Affected Users regarding the proceedings. However, this aspect of our mandate can be time consuming and expensive. Representative Counsel is dedicated to fulfilling its mandate in the most cost-effective way to limit the drain on the resources of the estate. To achieve this objective, we request that Affected Users who wish to communicate with Representative Counsel follow the procedure set out herein.

If you have a question for Representative Counsel, please ensure the following details are included in your email to quadrigacx@millerthomson.com:

• Your full name?
• Your Quadriga CX ID?
• The amount of your claim? and
• The nature of your claim:
  • Fiat?
  • Cryptocurrency (ex. BTC, Ethereum, etc.)?
  • Pending Withdrawal?
  • Completed Withdrawal? or
  • Other (please clarify).

This will ensure that Representative Counsel’s communications are efficient and that parties communicating with Representative Counsel are in fact Affected Users. If you do not provide the information listed above in your email, you may not receive a response from Representative Counsel.

Representative Counsel is committed to responding to Affected Users, rather than members of the general public or the media.

Email is the preferred form of communication with Representative Counsel. Affected Users are encouraged to voice their concerns by tweeting to the Official Committee as a method to reduce costs on communications. The Official Committee’s Twitter account is @QCXCommittee. The Official Committee will select and collate tweets from Affected Users for inclusion in updated future FAQs.

Representative Counsel advises Affected Users to refer to our FAQ, updated FAQ and tax-related FAQ sheets for further information.

 

To request documents that are accessible, please review Section 1.1.4 our accessibility page.