DATE: 20041022

DOCKET: C39919

COURT OF APPEAL FOR ONTARIO

RE:

MARY J. AVIADO (Plaintiff (Respondent)) – and – ANNA-MARIE GORALCZYK a.k.a. ANNIE GORALCZYK (Defendant (Appellant))

BEFORE:

MOLDAVER, SHARPE JJ.A. and KILLEEN J. (ad hoc)

COUNSEL:

Anna-Marie Goralczyk

In person

Constance M. Brothers

for the respondent

HEARD & ENDORSED:

October 22, 2004

On appeal from the order of Justice Nancy L. Backhouse of the Superior Court of Justice dated April 22, 2003.

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

[1] Assuming, without deciding, that we have jurisdiction to hear this appeal, we are of the view that apart from the issue of costs, it is moot in light of Justice Siegel’s judgment. On the issue of costs, we see no basis for interfering with Backhouse J.’s order. Accordingly, the appeal is dismissed with costs to the respondent fixed at $2,000 inclusive of G.S.T. and disbursements.

“M.J. Moldaver J.A.”