Court of Appeal for Ontario

CITATION: Kaiser (Re), 2009 ONCA 750

DATE: 20091028

DOCKET: C50170

Laskin, Armstrong and Lang JJ.A.

In the Matter of the Bankruptcy of Morris Kaiser of the City of Toronto, in the Province of Ontario

BETWEEN:

Investors Group Trust Co. Ltd.

Plaintiff (Respondent)

and

Francine Blumenfeld, Moshe Blumenfeld, Shia Myer Botnick, Myer Botnick, Bertka Holding Inc., Morris Kaiser, Cecil Abraham Bergman, Dunedin Diversified Investments Inc., Managerite Inc.

Defendants (Appellants)

Counsel:

Stephen M. Turk, for the appellants

Valerie A.E. Dyer, for the respondent

Heard: October 27, 2009

On appeal from the order of Justice Geoffrey B. Morawetz of the Superior Court of Justice dated March 2, 2009.

APPEAL BOOK ENDORSEMENT

[1] We agree with the decision of Morawetz J. Investors claim is a personal tort action for damages against the appellants. It does not assert a claim against an asset of Kaiser. As the Trustee’s report makes clear, the Trustee would have an interest only if the court identifies a specific asset or assets belonging to Kaiser.

[2] Accordingly, the appeal is dismissed, with costs fixed at $4,265.15, inclusive of disbursements and GST.