The appellant appealed an order fixing the trustee's remuneration and declining to appoint a substitute trustee.
The Court of Appeal dismissed the appeal, finding that s. 39(5) of the Bankruptcy and Insolvency Act provided the motion judge with the authority to fix the remuneration.
The court also agreed that there was no basis to appoint a substitute trustee, as the appellant was permitted and capable of carrying a claim against the bankrupt.
The appeal was dismissed with costs.
