40 Acres makes mark at TIFF amid claims some businesses not paid since Sudbury filming ended

Fresh off its successful premiere at the Toronto International Film Festival (TIFF), the Canadian feature 40 Acres is facing claims by two unions and many vendors that there are outstanding payment debts, nearly a year after production ended in Sudbury, Ont.

In a joint letter to TIFF dated Tuesday, Sept. 10, ACTRA and the International Alliance of Theatrical Stage Employees (IATSE) say they're "profoundly disappointed" that the festival showcased 40 Acres "while there are significant outstanding payments to employees and vendors." 

It's estimated members of the unions are owed "thousands of dollars" while "vendors are owed substantially more," the statement says. 

Shot in and around Sudbury last autumn, 40 Acres is a post-apocalyptic feature film by 4T Productions Inc. about a mixed Black-Indigenous family fighting to protect their land against an organized militia. In the lead-up to its filming, there were prospects for jobs, economic spinoffs and a chance for those in the northern Ontario film industry to shine, with help from a taxpayer-funded budget in the millions. 

But 40 Acres later faced cost overruns, and some businesses and people — from international companies to small local vendors  — say they have yet to be compensated.  

'Never would I rent again, never'

Among those saying they haven't been paid is Sudbury auctioneer Jean-Marc Lacasse. He said he's owed almost $3,000 for the rental of antique furniture and other items the company used to dress the set and establish a tone during filming in September and October 2023.

Everything from leaded glass to antique quilts, butter boxes, a child's wicker rocker, a cherrywood cupboard and more were handpicked to illustrate the film's fictional world in convincing detail.

It was Lacasse's first time dealing with a film production. Eleven months later, left holding an unpaid invoice, he said he's soured on the experience. 

"Never would I rent again, never," he said. "That's crazy. I think things came back broken. Some things went missing. And, 'Don't worry, we'll take care of you.' Well, yeah, it's easy to say that, but then you don't get taken care of."

Lacasse said he and his wife Brenda sent followup emails requesting payment. After the first, in November 2023, they received a response from Jennifer Holness, the film's producer and president of 4T Productions Inc., indicating the film had gone $2,000,000 over budget, which she said was "beyond our control."  

The email indicated the production company was looking for additional funding, which could take a year.  

"I am deeply sorry this has happened and thank you for your kind patience," wrote Holness.

In January 2024, Lacasse inquired again. The production email address was no longer "being checked" and he was told, "'We regret to inform you that at this time we have to put a hold on any payments until further notice.'"

"Being retired now, is even worse," Lacasse told CBC. "I mean, I don't have a regular paycheque, so it hurts even more — even if it's just $3,000 or whatever, you feel used."

'Sorry — we have no money'

A variety of entities and individuals contacted by CBC spoke of their struggles to be paid.

A confidential source who worked on the production said they're still owed thousands despite having been in contact regularly with the producer. CBC is protecting the source's identity because of potential risk to their livelihood on future film projects for speaking out.

The source said everything was fine until the filming wrapped last autumn, when the producer issued cheques for production staff that had rented out their own kits and equipment, which is common in the industry, and they were told not to cash those cheques right away.

"And then shortly after that, I don't know, a week or so later, whatever, those cheques were no longer good," said the source. "They had no money anymore. 'Sorry — we have no money. You'll have to wait until we can pay you.'"

The source and others say they're still waiting.

'Biggest movie I've done': film's producer

Recently, it was announced that Visit Films "has the rights to sell 40 Acres outside Canada," Lee Meltzer of Lee Meltzer Consulting told CBC. Meltzer works on behalf of Visit Films, and added that 40 Acres has not yet been sold internationally.

During the premiere of the film at TIFF last weekend, Holness called it "the biggest movie I have done in my career."

Holness is an award-winning Canadian producer with 17 past projects under her belt, according to her website, Hungry Eyes Media. In 2003, she won Best Canadian Feature at TIFF, and recently has been included in industry lists such as The Most Powerful Women in Canadian Entertainment, The 40 Most Influential Women in International Film and The Globe and Mail's most influential people in Canadian film.

"We would not be here if not for Telefilm," said Holness to applause at the TIFF premiere. "This is almost entirely financed out of Canada, which is really really hard.

"And in fact, we almost didn't do it because we went over budget," Holness said. "But it was a real challenge to get here." 

WATCH | Jennifer Holness talks at TIFF premiere about financing for 40 Days:

40 Acres premiere at the Toronto International Film Festival

3 months ago

Duration 2:28

Producer Jennifer Holness at the Toronto International Film Festival addressing an audience question about financing of the film 40 Acres.

In a statement to CBC on Tuesday, Sept. 10, Holness acknowledged, "We absolutely had cost overruns. But we made payroll every week and in a timely manner. That said, there is a small amount owed regarding kit fees and expendables, and unfortunately some vendors remain unpaid.

"We take this matter seriously and have been working tirelessly with independent accountants to address all approved costs, and we have kept vendors informed. Also, over the past months, we have been paying down costs as we have been able to. It has been difficult, but through sheer hard work, passion and many sleepless nights, we are ready to launch our excellent film with the goal to sell the movie and resolve the situation for our vendors." 

$8M budget puts 40 Acres in top tier of Canadian film

CBC News has confirmed the initial budget for 40 Acres was $8 million before filming started. According to industry statistics, fewer than 20 per cent of Canadian films have a budget of more than $5 million, putting 40 Acres in the top tier of Canadian productions.

Telefilm says it gave $3.2 million to 4T Productions. A host of other agencies also came on board: 

• Canada Media Fund, a public-private partnership, contributed $750,000 through its pilot program for racialized communities, a program committed to telling BIPOC stories. 
• CBC/Radio-Canada supported the 40 Acres premiere at TIFF. CBC Films contributed financially to the making of the film, but that figure isn't being revealed "for competitive reasons," according to CBC spokesperson Chuck Thompson.
• At time of publication, the details of financing by Crave (Bell Media) are not known.

Ontario's Ministry of Economic Development, Job Creation and Trade contributed through the Northern Ontario Heritage, (NOHFC), although when contacted, the ministry declined to provide an amount.

The non-payment issues surrounding 4T Productions Inc. and 40 Acres have affected a range of businesses, from small ones to international corporations.

For example, some accommodation providers in the city told CBC News they are still waiting to be paid for amounts ranging from $5,000 to $9,000.

At least two accommodation providers have changed their policies to require film companies to provide up-front payment or pre-authorized credit cards.

One hotel general manager said he was forced to take that step.

"I make sure I do a pre-authorization for each and every crew member no matter how much it is," he said, "so that even if they check out, I will be secure with the money — I can charge them."

Unions say 40 Acres 'left town with unpaid invoices'

Tuesday's joint statement from ACTRA and IATSE says they initially were "thrilled" about the filming happening in Sudbury and bringing "much needed work" to northern Ontario. 

"Unfortunately, the producers of 40 Acres left town with unpaid invoices and unpaid wages," it says. "All of the unions had to take various measures to pursue payment for their members' wages and kit rentals, some of which are still unpaid to date."

CBC called and emailed TIFF for comment about the unions' statement on unpaid wages, but had not heard back by publication time. The festival, which began Sept. 5, wraps up on Sept. 15.

Earlier this year, ACTRA labelled 4T Productions and Holness as "unfair engagers" on its website. A spokesperson clarified to CBC that the company had not met payroll obligations.

On Tuesday, Sept. 10, Holness shared documents with CBC indicating she's addressing that issue. 

All IATSE crew were paid for their work on the film, Local 634 president Tiffany Boivin-Brawley said. However, she added, about five in northern Ontario who also rented equipment for the production were not compensated for their kit rentals, while other IATSE members from southern Ontario were not paid for their kit rentals.

Boivin-Brawley said the union was speaking up to support non-members — including catering companies, supply rental houses, people who provided equipment or props for use on set — who say they were not paid.

Film 'an amazing piece of work' despite payment issues

In an email obtained by CBC that was sent to vendors in early September from 4T Productions, Holness promised payment.

"We have done everything in our power to complete the movie, including contributing significant personal funds," she wrote. "To this end, we want you to know that 4T Productions remains committed to paying all vendors with rental contracts, authorized purchase orders or cheque requisitions with full approval. We thank you for your patience and will update you at the end of September to the middle of October on the status of the movie."

The confidential source who worked on production for 40 Acres said that despite issues getting money owed, "it's a great example of everyone's talent" and a "great calling card and example of craftsmanship of northern filmmakers."

"I'm very proud of it," said the source. "I think it's an amazing piece of work. I'm super happy for the director. I'm hoping that the silver lining of all this is that the film sells and does really well, and becomes a smash hit and everyone gets paid, and this becomes like a bad memory and we move forward."

With TIFF behind it, the film continues on the festival circuit. Screenings are set for Sudbury on Sept. 21 and Vancouver at the end of the month.

If you have more information on this story, please contact kate.rutherford@cbc.ca