DATE: 20040304

DOCKET: C40682

COURT OF APPEAL FOR ONTARIO

RE:

GINA K. LAFRENIERE (Appellant) – and – P. DOUGLAS LAFRENIERE (Respondent)

BEFORE:

GILLESE, ARMSTRONG and BLAIR JJ.A.

COUNSEL:

Gina K. Lafreniere

in-person

P. Douglas Lafreniere

in-person

HEARD & ENDORSED:

March 3, 2004

On appeal from the order of Justice Richard G. Byers of the Superior Court of Justice dated August 25, 2003.

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

[1] This is an appeal from the order of Byers J. dated October 23, 2003. The matters that the appellant asks this court to address – namely, pension valuation, disclosure of the respondent’s employee benefits and remitting the matter for a further settlement conference – relate, in the main, to the order of Dunbar J. dated February 15, 2002 from which no appeal was taken.

[2] This appeal cannot be used as a collateral attack on the order of Dunbar J. There being nothing raised in the appeal which is properly before us, the appeal is dismissed. No order as to costs.