DATE: 20061207

DOCKET: C45722

COURT OF APPEAL FOR ONTARIO

RE:

DOROTA STANCHEFF (Applicant (Respondent in Appeal)) – and – MARK STANCHEFF (Respondent (Appellant))

BEFORE:

ROSENBERG, MACPHERSON AND ROULEAU JJ.A.

COUNSEL:

Mark Stancheff

In Person

Trevor Owen

for the respondent

HEARD & ENDORSED:

December 7, 2006

On appeal from the order of Justice Margaret P. Eberhard of the Superior Court of Justice dated June 30, 2006.

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

[1] We agree with Eberhard J. that the appellant is attempting to relitigate issues decided by Logan J. We are also satisfied that the appellant was properly declared to be a vexatious litigant. Eberhard J. set out a timetable and procedure to allow for bringing an application to vary spousal support. We see no reason to interfere with this order.

[2] Accordingly, the appeal is dismissed with costs payable to the respondent fixed in the amount of $4,000 inclusive of G.S.T. and disbursements.