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

[1] The 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.

[2] The appeal is dismissed, with costs fixed at $4,000, all inclusive.