DATE: 20061109

DOCKET: C44289

COURT OF APPEAL FOR ONTARIO

RE:

SHARON LYNN MARCUS (Applicant (Respondent)) – and – LYLE STEPHEN ROY KANEE (Respondent (Appellant))

BEFORE:

FELDMAN, CRONK and BLAIR JJ.A.

COUNSEL:

E. Llana Nakonechny

for the appellant

Neil Kredenster (acting as agent)

for the respondent

HEARD & ENDORSED:

November 7, 2006

On appeal from the judgment of Justice Ruth E. Mesbur of The Superior Court of Justice dated September 7, 2005.

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

[1] Counsel advised the Court that the matter has been settled. The terms are a variation of the order below that will be made on consent in the Superior Court. The appeal is therefore withdrawn by the appellant with no costs.