DATE: 20050331

DOCKET: C41247

COURT OF APPEAL FOR ONTARIO

RE:

JANINA OLSZEWSKA (Plaintiff/Appellant) -and- EDWARD MARZEC, HELEN GRYS and PAUL FELDMAN (Defendants/Respondents)

BEFORE:

LASKIN, CRONK and GILLESE JJ.A.

COUNSEL:

Charles C. Mark, Q.C.

for the appellant

Charles Wagman

for the respondents

HEARD AND ENDORSED:

March 31, 2005

On appeal from the order of Justice Thea P. Herman of the Superior Court of Justice dated January 6, 2003.

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

[1] We see no merit in this appeal. Whatever interest in 119 Roncesvalles Avenue that the appellant may have had was compromised in minutes of settlement in July 2002. Based on those minutes of settlement, on July 11, 2002, Greer J. ordered that the property be transferred to the respondents. No appeal was taken from that order. The appellant therefore has no claim to an accounting of the proceeds of the sale of 199 Roncesvalles Avenue.

[2] The appeal is therefore dismissed with costs fixed at $5,000 all inclusive.