COURT OF APPEAL FOR ONTARIO

DATE: 20060615

DOCKET: C44319

RE: LARRY NEIL GORDON FREEMAN (Applicant/Appellant) v. LOIS DOREEN JOHNSON (Respondent/Respondent in Appeal)

BEFORE: O’CONNOR A.C.J.O., BORINS and ROULEAU JJ.A.

COUNSEL:

Barry Yellin

for the appellant

Michael Bruder

for the respondent

HEARD & ENDORSED: June 15, 2006

On appeal from the order of Justice Festeryga of the Superior Court of Justice dated September 22, 2005.

A P P E A L B O O K E N D O R S E M E N T

[1] The proposed agreement was not executed by the respondent by the date set out in para. 25. As such, the proposal to enter into an agreement has expired and under its terms, is null and void. Thus, no purpose would be served in ordering the respondent to execute the proposed agreement at this point in time. This appeal is, therefore, moot.

[2] The appeal is dismissed. There will be no order as to costs.