DATE: 20060111

DOCKET: M32786, M33083

COURT OF APPEAL FOR ONTARIO

RE: MARK STANCHEFF (Appellant) –and- DOROTA STANCHEFF (Respondent)

BEFORE: FELDMAN, LANG AND LAFORME JJ.A.

COUNSEL:

Mark Stancheff, In person

Trevor B. Owen, for the respondent

HEARD & ENDORSED: January 11, 2006.

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

[1] We did not address Mrs. Stancheff’s preliminary motion as it was not served on Mr. Stancheff as a motion in this court. Mr. Stancheff, in those circumstances, was not in a position to respond to it.

[2] There is no merit to Mr. Stancheff’s motion to set aside the October order of Doherty J.A., which dismissed a motion to set aside the August order of Borins J.A. For the third time, Mr. Stancheff seeks to extend the time to appeal. This matter has already been determined by two orders of this court. In any event, there is no basis on which to set aside the order of Doherty J.A.

[3] Accordingly, the motion is dismissed.

[4] Costs of today to Mrs. Stancheff fixed in the amount of $1,000.00, inclusive of disbursements and GST.