CITATION: Silber v. DDJ High Yield Fund, 2007 ONCA 315

DATE: 20070426

DOCKET: C45766

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

[1] We agree with the decision of the motion judge and with the reasons he gave. The appeal is dismissed.

[2] We see no basis to doubt the motion judge’s costs order. Leave to appeal the costs order is refused.

[3] Costs of the appeal to the respondent are fixed in the amount of $15,000, inclusive of disbursements and GST.