Case Overview:
The case involved Maxfine International Limited and TA Properties (Canada) Ltd. as appellants and Grant Thornton Limited as the respondent. It arose from a bankruptcy proceeding under the Bankruptcy and Insolvency Act (BIA), specifically addressing whether leave to sue a trustee in bankruptcy was appropriately denied under section 215 of the BIA.

Legal Issues

1. Whether leave to appeal was required under section 193 of the BIA, given disputes over whether the appeal involved a monetary amount exceeding $10,000.
2. Whether the chambers judge erred in refusing leave to sue for alleged breaches of fiduciary duty by Grant Thornton, including claims of inflating fees, mishandling property disputes, and misleading the court in ex parte proceedings.

Court’s Findings
The Court of Appeal ruled that leave to appeal was required and upheld the earlier denial of leave to sue. It emphasized that claims against trustees must meet the low but firm prima facie threshold of evidentiary support to proceed under section 215. The appellants’ claims lacked sufficient factual basis and relied on speculative inferences of misconduct by Grant Thornton.

Costs/Award
The court dismissed the appeal and awarded costs to Grant Thornton Limited, though the exact amount was not specified in the judgment.