CITATION: Silber v. DDJ High Yield Fund, 2007 ONCA 315
COURT OF APPEAL FOR ONTARIO
O’CONNOR A.C.J.O., DOHERTY and GILLESE JJ.A.
BETWEEN:
ARTHUR SILBER
Plaintiff
and
DDJ CANADIAN HIGH YIELD FUND, CI INVESTMENTS INC., DDJ CAPITAL MANAGEMENT, LLC and BNY TRUST COMPANY OF CANADA as Trustee
Defendants
Kevin J. Richard for the plaintiff
D.M. Peebles for the defendants
Heard: April 26, 2007
On appeal from the judgment of Justice J.D. Ground of the Superior Court of Justice dated June 19, 2006.
APPEAL BOOK ENDORSEMENT
1We agree with the decision of the motion judge and with the reasons he gave. The appeal is dismissed.
2We see no basis to doubt the motion judge’s costs order. Leave to appeal the costs order is refused.
3Costs of the appeal to the respondent are fixed in the amount of $15,000, inclusive of disbursements and GST.