Court File and Parties

Court File No.: FS-18-56 and CV-18-49 (Walkerton) Date: 2022-04-05 Ontario Superior Court of Justice

Between: Aurelia Urness, Applicant

-and- Larry McDonald and Jamie Nicholas McDonald, Respondents

Counsel: Michael H. Murray, for the applicant G. Edward Oldfield, for the respondents Larry McDonald Julia M. Fischer, for the respondent Jamie McDonald

Heard: April 5, 2022

Justice R. Chown

Endorsement from Trial Readiness Conference April 5, 2022

[1] At my request a trial readiness conference was held today. The purpose of the conference was so that I could have an update from the parties as to what issues remain outstanding and to address readiness for phase 2 of this trial.

[2] The issues have been narrowed by the first portion of the trial, but additional issues have arisen. For this and other reasons, this case shows that bifurcation is sometimes not as sensible as it initially seems to the parties.

Issues to be Resolved Before Trial

[3] The outstanding issues to be addressed before trial, as I understand them, are:

a. Outstanding disclosure b. Outstanding undertakings. c. Whether I can or should stay my order that the jointly owned properties, other than the home farm, shall be sold forthwith. d. The nature of the evidence required to assess the current value of the home farm. e. Whether my order refusing the sale of the home farm should be considered a final order such that it will not be an issue to be addressed again at the remainder of the trial.

[4] With respect to item d., I confirm it was not my intention that the “2021 valuation” of the home farm in my reasons released on February 15, 2022 would govern for the determination of the amount of compensation Ms. Urness may be entitled to as compensation for the transfer of title of the home farm to Mr. McDonald. As I indicated in those reasons, I provided that figure at the request of the parties to assist them with their settlement negotiations. It would not be fair to the applicant to apply the figure determined from the evidence at the first part of the trial. The evidence established that there was a rising real estate market in 2021.

[5] If they cannot agree on a value for the home farm, the parties are encouraged to jointly engage an appraiser to assess the value. If the parties cannot agree on this, I will receive submissions on April 14, 2022 on the nature of the evidence to be submitted on this issue at trial. I do not want the evidence repeated and I do not think it is necessary to receive lengthy appraisal reports. The parties may also wish to have the competing appraisers identify to each other, in advance of completion of their reports, the comparable sales they have considered.

[6] With respect to item e. above, I confirm it was my intention that the order refusing the sale of the home farm should be considered a final order and not an issue that may be addressed again at the remainder of the trial. It was argued by both sides on this basis, and it would not be fair to the respondent to give the applicant a second opportunity to argue the same issue.

[7] The disclosure and undertakings motions shall be heard on April 14, 2022 at 10:30 a.m. in person in Walkerton. The motion regarding staying my order for sale forthwith and any other required pre-trial motions are to be brought on this date. The court shall accept filed material until April 13, 2022 at 2:00 p.m. Counsel should note that I offered late filing to accommodate their busy schedules and based on my understanding that any additional required materials will not be extensive. The parties are asked to please send electronic copies of the materials to my judicial assistant, Linda Thompson, in addition to filing the materials in the usual way.

Issues for Trial

[8] The outstanding issues for trial as I understand them are:

a. Valuation of the farm equipment as of the date of marriage. b. Equalization. c. The respondent’s claim for unequal division of property. d. Spousal support. e. Child support. f. Jamie’s trust claim. g. The applicant’s trust claim over the properties solely owned by the respondent. h. Costs.

[9] The parties are to confer and be in a position to confirm this list by April 14, 2022.

Trial date and Further Trial Readiness Conference

[10] A further trial readiness conference will be held by videoconference on May 12, 2022 at 9:00 a.m. These matters will go on the June 6, 2022 trial list.

Trial Record

[11] Jamie McDonald shall file his trial record by April 29, 2022, in the format mandated by the Rules of Civil Procedure.

Chown J.