CBRE Limited appealed the Proposal Trustee's disallowance of its claim for a real estate commission against the debtors, YG Limited Partnership and YSL Residences Inc. The limited partners of the debtor opposed the appeal.
The court held that the limited partners lacked standing under the Bankruptcy and Insolvency Act to challenge the claim.
The court also determined that the appeal should proceed as a hearing de novo to prevent injustice, as new evidence supported the claim.
The court allowed the appeal, finding clear evidence of the commission agreement and its performance, and awarded costs to CBRE and the Proposal Trustee.
