DATE: 20060303

DOCKET: C41822

COURT OF APPEAL FOR ONTARIO

RE:

BERNICE ALTER (Respondent) –and- THE ESTATE OF THE LATE ELLEN CSONTOS AND TED CSONTOS (Appellants)

BEFORE:

LASKIN, SHARPE and LAFORME JJ.A.

COUNSEL:

No one appearing for the appellant

Ben Salsberg for the respondent

HEARD & ENDORSED:

March 3, 2006

On appeal from the judgment of Justice Susan E. Greer of the Superior Court of Justice, dated April 19, 2004 made at Toronto, Ontario.

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

[1] No one appeared for the appellant.

[2] The appeal is therefore dismissed with costs fixed at $4,000.00 inclusive of disbursements and G.S.T. The dismissal of the appeal is without prejudice to the respondent’s right to bring a motion before Greer J. on notice to seek a writ of possession.