COURT OF APPEAL FOR ONTARIO
Before: Laskin, Goudge and Rouleau JJ.A.
BETWEEN
Vera Gacanin
Applicant (Appellant)
and
David Macedo
Respondent (Respondent)
Counsel:
Evelyn Kohn Rayson and Eli Antel, for the appellant
Kristy Maurina, for the respondent
Milton A. Davis and Robert MacDonald, for Be There Promotions 2006 and John Tasikas
Heard: April 13, 2012
On appeal from the order of Justice Frances P. Kiteley of the Superior Court of Justice, dated August 29, 2011.
APPEAL BOOK ENDORSEMENT
1We agree with Kiteley J. that neither Be There nor Mr. Tasikas is a necessary and proper party in this matrimonial litigation. The appellant does not seek an interest in Be There. She seeks only a monetary equalization payment. The proposed added parties are not needed to adjudicate that issue.
2Because of our conclusion on this ground, we do not have to address the applicability of the limitation period.
3The appeal is dismissed with costs of $6,000, inclusive of disbursements and applicable taxes payable to Be There and Mr. Tasikas