DATE: 20060404 DOCKET: C44100, M33327

COURT OF APPEAL FOR ONTARIO

RE:

DIANA ALEXANDRA KISSIN (Respondent) - and – DR. GLORIA KISSIN (Appellant)

BEFORE:

DOHERTY, MOLDAVER and GILLESE JJ.A.

COUNSEL:

Dr. Kissin

in person

Karina V. Sacca

for the respondent

HEARD & ENDORSED:

March 24, 2006

ENDORSEMENT

[1] Assuming the validity of the medical information in the material provided to the court, it does not establish that the applicant is unable to proceed with her motion. Given the protracted history of this matter and having regard to the detailed written submissions, we are satisfied that the motion can proceed at this time.

[2] Initially, Dr. Kissin declined to make oral submissions. She did however made full and helpful submissions on the question of whether Justice Feldman was aware that certain funds had been paid to the respondent out of court pursuant to a court order.

[3] We agree with the reasons of Feldman J.A. We are also satisfied that the court ordered payment does not give any cause to change the result arrived at by Feldman J.A.

[4] The respondent is entitled to costs in the amount of $2,500. If the applicant does not pay these costs by April 17, an order will got that the costs of $2,500 are payable from the funds held by the accountant of the Superior Court of Justice in Court File No. 98-CV152332.

“D.H. Doherty J.A.”

“M.J. Moldaver J.A.”

“E.E. Gillese J.A.”