COURT OF APPEAL FOR ONTARIO
RE:
JANINA OLSZEWSKA (Plaintiff/Appellant) -and- EDWARD MARZEC, HELEN GRYS and PAUL FELDMAN (Defendants/Respondents)
BEFORE:
LASKIN, CRONK and GILLESE JJ.A.
COUNSEL:
Charles C. Mark, Q.C.
for the appellant
Charles Wagman
for the respondents
HEARD AND ENDORSED:
March 31, 2005
On appeal from the order of Justice Thea P. Herman of the Superior Court of Justice dated January 6, 2003.
A P P E A L B O O K E N D O R S E M E N T
1We see no merit in this appeal. Whatever interest in 119 Roncesvalles Avenue that the appellant may have had was compromised in minutes of settlement in July 2002. Based on those minutes of settlement, on July 11, 2002, Greer J. ordered that the property be transferred to the respondents. No appeal was taken from that order. The appellant therefore has no claim to an accounting of the proceeds of the sale of 199 Roncesvalles Avenue.
2The appeal is therefore dismissed with costs fixed at $5,000 all inclusive.