COURT OF APPEAL FOR ONTARIO
RE:
DIANA ALEXANDRA KISSIN (Respondent) - and – DR. GLORIA KISSIN (Appellant)
BEFORE:
DOHERTY, MOLDAVER and GILLESE JJ.A.
COUNSEL:
Dr. Kissin
in person
Karina V. Sacca
for the respondent
HEARD & ENDORSED:
March 24, 2006
ENDORSEMENT
1Assuming the validity of the medical information in the material provided to the court, it does not establish that the applicant is unable to proceed with her motion. Given the protracted history of this matter and having regard to the detailed written submissions, we are satisfied that the motion can proceed at this time.
2Initially, Dr. Kissin declined to make oral submissions. She did however made full and helpful submissions on the question of whether Justice Feldman was aware that certain funds had been paid to the respondent out of court pursuant to a court order.
3We agree with the reasons of Feldman J.A. We are also satisfied that the court ordered payment does not give any cause to change the result arrived at by Feldman J.A.
4The respondent is entitled to costs in the amount of $2,500. If the applicant does not pay these costs by April 17, an order will got that the costs of $2,500 are payable from the funds held by the accountant of the Superior Court of Justice in Court File No. 98-CV152332.
“D.H. Doherty J.A.”
“M.J. Moldaver J.A.”
“E.E. Gillese J.A.”