DATE: 20030611

DOCKET: M29954(C39385)

COURT OF APPEAL FOR ONTARIO

RE:

ESTHER STEIN (Petitioner/Respondent) – and – MARK STEIN also known as MYRON STEIN a.k.a MYER STEIN (Appellant/Respondent)

BEFORE:

WEILER, LASKIN and GOUDGE JJ.A.

COUNSEL:

Jeffrey I. Rechtshaffen

for the appellant

Gene C. Coleman

for the respondent

HEARD & ENDORSED:

JUNE 9, 2003

Motion for directions for the appeal from the order of Justice Sarah Pepall, of the Superior Court of Justice dated December 10, 2002.

M O T I O N R E C O R D E N D O R S E M E N T

[1] The motion to set aside the order of Pepall J. dated December 10, 2002 is allowed and an order will go permitting either party to set the matter down for trial provided that payment of the amounts set out in Mr. Stein’s affidavit sworn June 7, 2003, have been made as directed to Mrs. Stein and the Family Responsibility Office.

[2] The money in court for security for costs of the appeal is to be paid out as follows: $3000 to Mrs. Stein and the balance to Mr. Stein.