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Bankruptcy appeal dismissed. The Court upheld the trustee’s partial disallowance of DB UK’s claim, found no fresh-evidence basis, and found no palpable and overriding error.
Appeals under s.135(4) of the BIA are to be heard by the registrar at first instance unless leave is obtained from a judge; because this appeal was heard before a judge without leave and a parallel appeal by S+C must be decided by the same decision-maker, the appropriate remedy is to transfer RII's appeal to the registrar.
Source excerpt
The Supreme Court of British Columbia allowed the Crown’s appeal from a trustee’s disallowance of its secured proof of claim in bankruptcy and ordered the sale proceeds paid to the Crown.
Leave to appeal in CCAA proceedings was dismissed: two orders were out of time under s. 14(2), and the remaining proposed appeal had no arguable merit.
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