Court File and Parties
COURT OF APPEAL FOR ONTARIO
BEFORE: Cronk, Gillese and Armstrong JJ.A.
BETWEEN
Olga Kaplun
Appellant
and
Eduard Kaplun
Respondent
COUNSEL:
Natalia Denchik, for the appellant
Ron Shulman, for the respondent
HEARD: June 15, 2009
On appeal from the order of Madam Justice Beth A. Allen of the Superior Court of Justice dated January 8, 2009.
APPEAL BOOK ENDORSEMENT
1The uncontested fresh information before this court indicates that the outstanding costs order has now been paid by the appellant, the appellant’s updated financial statement has now been provided (albeit apparently without the necessary tax returns), and we have been pointed to no unsatisfied undertaking by the appellant. Compliance with the three court orders at issue, however, was unacceptably late, bordering on cavalier.
2In these circumstances, based on the fresh information, the appeal is allowed in part by striking paragraphs one and four of the motion judge’s order dated January 8, 2009. The balance of the motion judge’s order remains in full force and effect. In all the circumstances, we award no costs of this appeal.