Court File and Parties
Citation: Platt v. Marler, 2007 ONCA 533 Date: 2007-07-18 Docket: C46182
Court of Appeal for Ontario Laskin, MacFarland JJ.A. and Benotto J. (ad hoc)
Between:
Robert Platt Plaintiff (Appellant)
and
Jonathan H. Marler, Jacobus N. Hanemaayer, Eric Kraushaar, 798839 Ontario Limited, John Wiebe, Murrayfield Corp., Kaarina Malmstrom, Ersen Cogulu and Scott & Pichelli Limited Defendants (Respondents)
Counsel: Robert M. Isles for the appellant Victor J. Paolone for the respondent, Scott & Pichelli Limited No one appearing for all other respondents
Heard: July 16, 2007
On appeal from the order of Justice Jane A. Milanetti of the Superior Court of Justice dated September 27, 2006.
Appeal Book Endorsement
1The allegations against Scott & Pichelli, which are set out in paragraph 50(h) of the statement of claim, all relate to its conduct as court appointed trustee. No leave has been sought to sue Scott & Pichelli as is required by section 215 of the Bankruptcy and Insolvency Act. Accordingly the claim against it was properly struck by the motions judge.
2The appeal is dismissed, with costs fixed at $4,000, all inclusive.