Kissin v. Kissin
The medical information did not establish inability to proceed and, given the protracted history and detailed written submissions, the motion could proceed; Feldman J.A.'s reasoning remains dispositive; respondent entitled to costs of $2,500, payable from funds held by the Superior Court accountant if not paid by...
Source-derived case information.
- Citation
- C44100, M33327
- Parties
- Respondent: Diana Alexandra Kissin; Appellant: Dr. Gloria Kissin
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 4 April 2006
- Procedural Posture
- Civil / Appeal Motion Hearing
- Outcome
- Motion allowed to proceed; Feldman J.A.'s result affirmed; respondent awarded costs of $2,500; if costs not paid by April 17, 2006, those costs to be paid from funds held by the accountant of the Superior Court of Justice in Court File No. 98-CV152332.
- Legal Topics
- Ability to Proceed With Motion Due to Medical Condition, Court Ordered Payments Out of Court, Award and Enforcement of Costs, Funds Held by Court Accountant
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Diana Alexandra Kissin
Respondent
Dr. Gloria Kissin
Appellant
Procedural Posture
Civil / Appeal Motion Hearing
Legal Issues
- 1 Whether medical information established that the applicant was unable to proceed with her motion
- 2 Whether payments made to the respondent pursuant to a court order affect the prior decision of Feldman J.A.
- 3 Whether the motion can proceed despite the applicant's medical condition and partial refusal to make oral submissions
Ratio Decidendi
The medical information did not establish inability to proceed and, given the protracted history and detailed written submissions, the motion could proceed; Feldman J.A.'s reasoning remains dispositive; respondent entitled to costs of $2,500, payable from funds held by the Superior Court accountant if not paid by the specified date.
Court Disposition
Motion allowed to proceed; Feldman J.A.'s result affirmed; respondent awarded costs of $2,500; if costs not paid by April 17, 2006, those costs to be paid from funds held by the accountant of the Superior Court of Justice in Court File No. 98-CV152332.
Orders
- Motion may proceed.
- Respondent awarded costs in the amount of $2,500.
Full Case Text
Judgment text and source record
1 paragraphs
Kissin v. Kissin Collection Decisions of the Court of Appeal Date 2006-04-04 Docket numbers C44100, M33327 Judges Doherty, David H.; Moldaver, Michael James; Gillese, Eileen E. Subject Civil Decision Content 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.”