COURT OF APPEAL FOR ONTARIO

RE:

SUSAN GAVES (Applicant/Respondent in Appeal) –and– NEIL GREENBERG (Respondent/Appellant)

BEFORE:

O’CONNOR A.C.J.O., WEILER and GOUDGE JJ.A.

COUNSEL:

Steven Greenberg

for the appellant

Susan Gaves

the respondent in person

HEARD AND ENDORSED:

January 15, 2004

On appeal from Justice Giovanna Roccamo of the Superior Court of Justice dated July 16, 2003.

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

[1] It was open to the trial judge to make the findings that she did. There is no basis to interfere with the award made below.

[2] The appeal is therefore dismissed.

[3] Costs (disbursements) to the respondent are fixed in the amount of $1,000, inclusive.