Endorsement

Court File No.: FS-23-0092-00
Date: 2025-04-07
Superior Court of Justice – Ontario
Re: Katherine Britton, Applicant
v.
Nicholas Leigh, Respondent
Heard: April 4, 2025
Before: S.J. Wojciechowski
Counsel:
Tisha Hasan, for the Applicant
Timothy Matthews, for the Respondent

Introduction

[1] The applicant, Katherine Britton, and the respondent, Nicholas Leigh, proceeded to a Binding Judicial Dispute Resolution (“JDR”) hearing on March 26, 2025, during which issues relating to parenting were addressed.

[2] There were also outstanding property issues which the parties wanted to resolve. However, there was not enough time on March 26, 2025 to discuss or consider these issues. Instead, the parties were directed to meet and make efforts to sort out the remaining disagreements regarding property, and then attend for a two hour hearing on April 4, 2025 to discuss whatever could not be resolved.

[3] Unfortunately, after the parties met, many of the original issues relating to the division of property still remained outstanding.

[4] Following an unsuccessful effort to sort through the remaining property issues at the JDR, I released an endorsement on April 4, 2025 in which I identified the need to obtain additional information from the parties in order to allow me to make decisions relating to who gets what.

The Chart Process

[5] This additional information which is being requested from the parties shall be provided by completing the chart attached to this endorsement as Schedule “A”.

[6] In terms of completing the chart, the applicant, Katherine Britton, shall first list all the chattels, assets, or other property which is in dispute and which she wants the court to address. This list of items shall be set out in Column 1 of the chart, and once completed, it shall be delivered to the respondent, Nicholas Leigh, for review and to determine whether or not there are other items which should be listed from his perspective.

[7] After Column 1 is completed, the chart shall be returned to the applicant who shall then provide the information contained in Columns 2, 3, 4 and 5. Once the applicant has populated the chart with her information and positions, then the respondent shall be provided with the chart so that he can add information to Columns 7, 8, 9, 10 and 11.

[8] After the respondent has documented his position in Columns 7 to 11 of the chart, it shall be returned to the applicant who will then complete Column 6.

[9] Once all 11 columns have been completed, the chart shall be forwarded to my attention and review on or before Thursday, April 17, 2025, after which I will release a decision on the division of property.

[10] Both parties have discussed and reviewed each other’s position with respect to the outstanding property issues. As such, once Columns 1 to 11 have been completed by the parties, NO CHANGES OR ADDITIONS shall be made to any of these columns within the chart. In other words, the parties are to lead trump, putting their best foot forward in addressing each claim, and there will be no right of reply.

Approach to Property Division

[11] During the JDR which was held on April 4, 2025, a number of issues were discussed with the parties after which I shared some thoughts on how I might decide some of the property issues. I did not, however, decide anything. Now, having considered the submissions of the parties further, I wish to outline the approach I will take in dealing with the information the parties are going to provide in the chart in order to decide the outstanding property issues.

[12] First, while during the JDR I raised issues relating to the use purchased property was put to and whether or not it was meant to be a joint family asset, I note in looking at the Applicant and the Answer of the parties no constructive or resulting trust claims are being advanced. As such, I have reconsidered my original position in light of the challenges it will present in sorting through who gets what.

[13] As such, to take a “cleaner” and less cumbersome approach to the property issues, if a party is able to prove that he or she purchased an asset, or is able to provide evidence that monies were contributed towards the purchase of an asset, that will determine who retains the asset.

[14] If one party paid for the entire price of the asset, then that party gets to keep the asset. If both parties contributed towards the purchase of an asset, then that asset will be divided in some fashion.

[15] If assets were given to one party as a gift, then that asset belongs to that party.

[16] If assets were gifted to both parties, then that asset will be divided.

[17] For assets which it is not possible to determine which party purchased, or which were purchased or received as a gift together, then I will direct that these assets be listed by the parties. The applicant will toss a coin, and the respondent shall call “heads” or “tails”. Whoever wins the coin toss shall be able to first select and retain one item from the list. Then the other party shall select one item, and this will continue until no more items remain on the list.

Conclusion and Next Steps

[18] While I was unable to resolve any of the property issues of the parties at the JDR of April 4, 2025, this endorsement should provide some tools and direction so the parties can now resolve these issues on their own. To the extent that there still remain outstanding issues, the completed chart shall be submitted to me via email through the Trial Co-ordinator on or before noon on Thursday, April 17, 2025.

“Original signed by” ___
S.J. Wojciechowski
Date: April 7, 2025

Schedule “A”

Applicant’s Chart

1	2	3	4	5	6
Description	Purchased By or Gifted To	Value at Time of Purchase / Gift	Present Value	Evidence Attached at Schedule “”**	Agree with Respondent Yes / No

Respondent’s Chart

7	8	9	10	11
Agree with Applicant Yes / No	Purchased By or Gifted To	Value at Time of Purchase / Gift	Present Value	Evidence Attached at Schedule “”**

Cited Legislation

None.

Cited Case Law

None.