Endorsement

Court File No.: FS-23-0092-00
Date: 2025-06-13
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 not being sufficient time remaining during the JDR held on March 26, 2025 to address outstanding property issues, a second hearing was held on April 4, 2025, following which the parties were directed in writing – on two separate occasions – to assemble sufficient evidence in support of their positions on the property issues.

[3] The parties ultimately complied with the directions provided, and this endorsement reflects my decision with respect to the property issues.

[4] In doing so, I am following the numbering sequence and the description of assets provided by the parties in the charts which they populated.

Background

[5] From what I understand, following the breakdown of the relationship, the Applicant moved out of the jointly owned home which the parties shared, removing some but not all personal property items to which she claims an entitlement. Between the date of separation and the date which the home was sold, the Respondent resided in the home, but the Applicant did have access to the same and was able to retrieve other personal property items within the home. Once the home was sold, the Respondent moved into his own residence and took personal property items he thought were his, leaving other items behind for the Applicant to retrieve. Presumably, on the closing date of the sale of the home, all items of personal property were either retained by the Respondent or the Applicant.

[6] The property issues outstanding between the Applicant and the Respondent relate to items of personal property. They have asked me to decide who gets what.

Approach to Decision

[7] In approaching my decision, generally where a party has produced a receipt, I have decided that party gets to retain the item. In some cases, I note that it is asserted one party purchased an item and another contributed to the purchase price. However, without specific documentary evidence of a financial contribution, in most cases I have decided that the name on the receipt determines who gets the item of personal property.

[8] Where I have determined one party is entitled to retain a personal property item, and if that party does not have the item, then the party possessing the item must deliver the item to the opposite party.

[9] In other words, if I determine that the Applicant is entitled to retain an item which is in the possession of the Respondent, then the Respondent must deliver the item to the Applicant.

[10] For some items for which no receipt has been provided, a decision has been made as to who is entitled to the item based upon evidence I heard during the binding JDR hearings and received in writing. However, for many of these non-receipted items, I have decided that they are to be placed in the “Coin Toss Pile”.

[11] With respect to the items in the Coin Toss Pile, the Respondent will toss a coin, and the Applicant will call “heads” or “tails”. Whoever wins the coin toss gets to pick one item from the Coin Toss Pile. Then the other party picks an item, and then the other, and so on until the items in the Coin Toss Pile have been distributed.

Property Distribution Table

#	Description	Decision/Notes
1	Stroller with bassinet and accessories	Applicant
2	Wagon	Applicant
3	Reidel White Wine Glasses (2)	Applicant
4	Umbrellas	Applicant
5	Crib	Applicant
6	Yeti Cooler	Each keeps the one which was gifted to them. Assuming Applicant’s gift to Respondent is reflected in receipt for $529.99, Respondent keeps that one. Applicant keeps the second one gifted to her.
7	Bedroom Set	Applicant
8	Towels	Coin Toss Pile
9	Shelving	Applicant
10	Snowblower	Applicant
11	Weed Wacker	Applicant
12	Work Bench	Respondent
13	Sleeping Giant wall hanging	Coin Toss Pile
14	One Stool	Coin Toss Pile
15	Mikasa Water Glasses	Applicant
16	Kitchen Dishes	Applicant
17	Baby Monitor	Coin Toss Pile
18	Lamp	Coin Toss Pile
19	Basement Couch	Coin Toss Pile
20	Christmas Decorations	Coin Toss Pile
21	Blow Dryer from Basement	Coin Toss Pile
22	Basement Bedroom Pillows and Duvet Cover	Applicant
23	Wine Rack	Applicant
24	Wall Hanging	Coin Toss Pile
25	Cutlery	Applicant
26	Reidel Red Wine Glasses (3)	Coin Toss Pile
27	La Crueset Pot	Applicant
28	Kat Spade Polka Dot Glasses	Applicant
29	Bodum Double Walled Glass (1)	Applicant
30	Pottery Pasta Bowl	Coin Toss Pile
31	Stemless Patterned Mikasa Wine Glasses (2)	Coin Toss Pile
32	Stemmed Patterned Mikasa Wine Glasses (2)	Coin Toss Pile
33	Playset	Coin Toss Pile
34	Mattress, Box Spring and Duvet	Respondent (Applicant purchased, but turned down offer to take from home)
35	Fire Pit	Applicant
36	NOTHING LISTED
37	Lawnmower	Respondent
38	Blower Attachment for Lawnmower	Respondent
39	Shop Vac	Coin Toss Pile
40	Gas Pressure Washer	Coin Toss Pile
41	Electric Pressure Washer	Applicant
42	Kitty Kat Snowmobile	Respondent
43	Leaf Blower	Applicant
44	Living Room TV	Respondent
45	Garage TV	Respondent
46	Various Tools	Respondent
47	Basement Coffee Table	Coin Toss Pile
48	Basement TV Stand	Respondent
49	Stuffed Owl	Respondent
50	Air Fryer	Respondent
51	Toaster	Respondent
52	Beer Fridge	Respondent
53	2004 snopro mod	Respondent
54	2022 Arctic Cat	Respondent
55	2005 snopro mod	Respondent
56	Black magic mod	Respondent
57	11 Black magic mod	Respondent
58	Kitchen Stools	Applicant
59	Décor	NOTHING LISTED
60	Ladder Shelf in Elle’s room	Applicant
61	Basement Bed without mattress	Coin Toss Pile
62	Screened in Porch Furniture	Coin Toss Pile
63	Outdoor Table and Chairs	Applicant
64	BBQ	Applicant
65	Gifts from family	NOTHING LISTED
66	Elle’s Table and Chairs	Coin Toss Pile
67	Stand Up Freezer	Applicant
68	Kitchen Aid Mixer	Applicant (Gift from Respondent to Applicant)
69	Crock Pot	Coin Toss Pile
70	Mini shuffle board game	Coin Toss Pile
71	Basement Table and Chairs	Coin Toss Pile
72	Bassinet	Applicant
73	A/C Unit	Coin Toss Pile
74	Kitchen Glasses	NO INFORMATION PROVIDED
75	Pots and pans	Coin Toss Pile
76	Elle’s Trampoline	Coin Toss Pile
77	Basement TV	Applicant
78	Thule four wheel stroller / bike cart	Respondent
79	Office Furniture	Applicant
80	Futon	Coin Toss Pile

Additional Directions

[12] Based upon the evidence led by the parties, it may be that some items are no longer in the possession of either party because they have been lost, thrown out or destroyed as part of the move from the jointly owned home. Before undertaking the Coin Toss exercise, the parties should identify whether or not they have the items so that no one chooses something that no longer exists.

[13] In the situation where an item is identified as lost or destroyed or unknown as to its location, whether or not in the Coin Toss Pile, then subject to clear and cogent evidence that one party is lying, or that one party destroyed or sold the item, then nothing further can be done with respect to that personal property item given that both parties had access to these personal property items upon the breakdown of their relationship.

[14] Alternatively, while not entirely clear in the submissions provided, if an item of personal property was “loaned” to one or both of the parties and has now been returned to its owner, upon presentation of correspondence from the “rightful owner” confirming his or her ownership, the loan, and the return of the item, then that personal property item shall be removed from the list since clearly neither the Applicant nor the Respondent are entitled to it.

[15] If a party can prove that the other party intentionally lost, destroyed or otherwise disposed of an item, then the party entitled to the item shall be entitled to compensation based upon the middle ground between the present value figures provided in the charts they prepared. To be clear, proof that a party intentionally lost, destroyed or otherwise disposed of an item does not include the situation where one party does not have the item and does not know where it is, “so the other party must have it”.

“Original signed by”
S.J. Wojciechowski

Date: June 13, 2025