DATE: C42166

DOCKET: 20041126

COURT OF APPEAL FOR ONTARIO

RE:

SAM OSOVETSKY a.k.a. SAMION OSOVETSKY a.k.a. SHIMON OSOVETSKY (Applicant) (Appellant) – and – RITA OSOVETSKY (Respondent)

BEFORE:

LASKIN, MacPHERSON and LANG JJ.A.

COUNSEL:

Sam Osovetsky

the appellant in person

S. Lenard Kotylo

for the respondent Rita Osovetsky

Daniela Bertossi

for the Ministry of Community and Social Services

HEARD & ENDORSED:

November 25, 2004

On appeal from the judgment of Justice Andromache Karakatsanis of the Superior Court of Justice dated June 24, 2003.

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

[1] We have considered Mr. Osovetsky’s submissions and we have reviewed the new evidence filed by him and Ms. Osovetsky. We are not persuaded that there is any basis to interfere with the order of Karakatsanis J. The appeal is therefore dismissed.

[2] The new evidence may be relevant to Mr. Osovetsky’s child support obligation, and thus our order dismissing the appeal is without prejudice to his right to bring an application to vary child support.

[3] The respondent shall have her costs fixed in the amount of $1,000. As between Mr. Osovetsky and the Ministry there shall be no costs.