Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3)

Marginal note:Trustee shall examine proof

• 135 (1) The trustee shall examine every proof of claim or proof of security and the grounds therefor and may require further evidence in support of the claim or security.

• Marginal note:Determination of provable claims

  (1.1) The trustee shall determine whether any contingent claim or unliquidated claim is a provable claim, and, if a provable claim, the trustee shall value it, and the claim is thereafter, subject to this section, deemed a proved claim to the amount of its valuation.

• Marginal note:Disallowance by trustee

  (2) The trustee may disallow, in whole or in part,

  • (a) any claim;

  • (b) any right to a priority under the applicable order of priority set out in this Act; or

  • (c) any security.

• Marginal note:Notice of determination or disallowance

  (3) Where the trustee makes a determination under subsection (1.1) or, pursuant to subsection (2), disallows, in whole or in part, any claim, any right to a priority or any security, the trustee shall forthwith provide, in the prescribed manner, to the person whose claim was subject to a determination under subsection (1.1) or whose claim, right to a priority or security was disallowed under subsection (2), a notice in the prescribed form setting out the reasons for the determination or disallowance.

• Marginal note:Determination or disallowance final and conclusive

  (4) A determination under subsection (1.1) or a disallowance referred to in subsection (2) is final and conclusive unless, within a thirty day period after the service of the notice referred to in subsection (3) or such further time as the court may on application made within that period allow, the person to whom the notice was provided appeals from the trustee’s decision to the court in accordance with the General Rules.

• Marginal note:Expunge or reduce a proof

  (5) The court may expunge or reduce a proof of claim or a proof of security on the application of a creditor or of the debtor if the trustee declines to interfere in the matter.