COURT OF APPEAL FOR ONTARIO

DATE: 20060117

DOCKET: C43876

RE:

GALINA KOKANOVA (Applicant/Respondent) – and – ANDREI KOKANOV (Respondent/Appellant)

BEFORE:

WEILER, LASKIN and ROSENBERG JJ.A.

COUNSEL:

Milton J. Bernstein

for the appellant

Steven D. Benmore

for the respondent

HEARD & ENDORSED:

January 10, 2006

On appeal from the order of Justice Alison Harvison Young of the Superior Court of Justice dated February 24, 2005.

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

[1] Assuming we have jurisdiction to hear this appeal, the appeal is dismissed. Justice Harvison Young had material before her from which she could infer that the husband’s claim that he could not pay the arrears was false. She therefore had a basis for making the order. Costs of the appeal to the respondent wife fixed in the amount of $5000.00.