Court File and Parties

CITATION: Kaplun v. Kaplun, 2009 ONCA 497

DATE: 20090618

DOCKET: C49959

COURT OF APPEAL FOR ONTARIO

BEFORE: Cronk, Gillese and Armstrong JJ.A.

BETWEEN

Olga Kaplun

Appellant

and

Eduard Kaplun

Respondent

COUNSEL:

Natalia Denchik, for the appellant

Ron Shulman, for the respondent

HEARD: June 15, 2009

On appeal from the order of Madam Justice Beth A. Allen of the Superior Court of Justice dated January 8, 2009.

APPEAL BOOK ENDORSEMENT

[1] The uncontested fresh information before this court indicates that the outstanding costs order has now been paid by the appellant, the appellant’s updated financial statement has now been provided (albeit apparently without the necessary tax returns), and we have been pointed to no unsatisfied undertaking by the appellant. Compliance with the three court orders at issue, however, was unacceptably late, bordering on cavalier.

[2] In these circumstances, based on the fresh information, the appeal is allowed in part by striking paragraphs one and four of the motion judge’s order dated January 8, 2009. The balance of the motion judge’s order remains in full force and effect. In all the circumstances, we award no costs of this appeal.