State Street Research Income Trust v. Winger, 2007 ONCA 628

DATE: 2007-09-14

DOCKET: C46961

COURT OF APPEAL FOR ONTARIO

MACPHERSON, SHARPE and JURIANSZ JJ.A.

BETWEEN:

State Street Research Income Trust and American High Income Trust, on their behalf and on behalf of all other persons and Entities that purchased or acquired bonds issued by Safety Kleen Corporation or its predecessor, Laidlaw Environmental Services, Inc., between April 17, 1998 and March 5, 2000

Plaintiffs/Respondents

and

KENNETH W. WINGER and PAUL R. HUMPHREYS

Defendants/Appellant

Counsel:

Tanya DeAngelis and Howard F. Manis for the appellant

Gil Zvulony for the respondents

Heard: September 12, 2007

On appeal from the judgment of Justice Keith A. Hoilett of the Superior Court of Justice dated March 14, 2007.

APPEAL BOOK ENDORSEMENT

[1] This appeal is on all-fours with the decision of this court in U.S.A. v. Levy [2003] O.J. No. 56 (C.A.).

[2] The appeal is dismissed. Costs to the respondents fixed at $7000 inclusive of disbursements and GST.