Fox v Trimor Mortgage Investment Corporation, 2015 ABCA 352

The Trustee appeals the refusal of the chambers judge to uphold the Trustee’s disallowance of the Respondents’ default judgment on the basis it constituted an equity claim under the Bankruptcy and Insolvency Act (the "Act"). The Appeal is based on whether a trustee has the right to look behind a judgment for the purpose of characterizing whether the underlying claim is an equity or debt claim under the Act. The Appeal is allowed and remitted back to the chambers judge. The Court also waives the requirement for a signature on the formal order.