ONTARIO Court File Number

Superior Court of Justice, Family Court FC 397/21

(Name of court)

at 75 Mulcaster Street, Barrie, Ontario L4M Form 17C:

(Court office address) Settlement Conference
Brief - General
Name of party filing this brief Date of settlement conference
Jason Scott Mitton January 28, 2022, at 11:30 a.m.
Applicant(s)
Full legal name & address for service — street & number, municipality, Lawyer’s name & address — street & number, municipality, postal code,
postal code, telephone & fax numbers and e-mail address (if any). telephone & fax numbers and e-mail address (if any).
Suzanne Lynn Fuller Mitton Jenivieve De Vries
30 Fisher Drive Evans De Vries Higgins LLP
Everett, Ontario 21 Holland Street West
L0M 1J0 P.O. Box 190
Bradford, Ontario L3Z 2A8
Tel: (647) 535-5734 Tel: 905 775-3381
suzanne.bowerman@loblaw.ca Fax: 905 775-8835
jen@edhlaw.ca
Respondent(s)
Full legal name & address for service — street & number, municipality, Lawyer’s name & address — street & number, municipality, postal code,
postal code, telephone & fax numbers and e-mail address (if any). telephone & fax numbers and e-mail address (if any).
Jason Scott Mitton
215085 10th Line
Amaranth, Ontario
L9W 0G8
mechanicjm@icloud.com

PART 1: FAMILY FACTS

1. APPLICANT: Age: 41 Birthdate: (d, m, y) May 10, 1980
2. RESPONDENT: Age: 40 Birthdate: (d, m, y) June 2, 1981
3. RELATIONSHIP DATES:
x Married on (date) March 15, 2008
x Separated on (date) January 28, 2021
x Started living together on (date) Summer of 2003
Never lived together
Other (Explain.)
4. The basic information about the child(ren) is as follows:
Birthdate
Child’s full legal name Age Grade/Year and School Now living with
(d, m, y)
Austin Carter Robert Mitton 11 April 1, 2010 Grade 6 Tosorontio Applicant mother
Public School
Rachel Lynn Rose Mitton 8 August 26, 2013 Grade 3 Tosorontio Applicant mother
Public School

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 Form 17C: Settlement Conference Brief (General) (page 2) Court File Number FC 397/21

PART 2: ISSUES
If you want to refer to anything else that is not in the continuing record and that does not need to be in the continuing record, you must
attach it to this brief. In particular, attach any valuations or experts’ reports that are not in the record.
If you want to refer to a report or document that has already been filed in the continuing record, just give the page number(s) or tab
number of that document in the continuing record.
If you are updating a document that is already in the continuing record, you must file the updated document in the continuing record
and then refer to it by the page number(s) or tab numbers of that update in the continuing record.

5. What are the issues in this case that HAVE been settled:
decision-making responsibility spousal support x possession of home (temporary)
x parenting time (temporary) x child support (temporary) ownership of property
contact restraining order equalization of net family property
other (Specify.)

6. What are the issues in this case that have NOT yet been settled:
x decision-making responsibility x spousal support x possession of home
x parenting time x child support ownership of property
contact restraining order x equalization of net family property
x other (Specify.)
Sale of family property; splitting of household contents; collection of personal items from matrimonial home
7. If child or spousal support is an issue, give the income of the parties:
Applicant: TBD per year for the year 20 21

Respondent TBD per year for the year 20 21

8. What are the issues for this settlement conference? What are the important facts for this settlement conference?

1. The issues for this settlement conference are as follows:

a. Parenting, with a focus on expanding the Respondent father’s parenting time to a 50-50
basis;

b. Property, with a focus on the sale or buyout of the jointly owned matrimonial home; and

c. Support.

Parenting

2. There are 2 children of the marriage, Austin Carter Robert Mitton, born April 1, 2010 (“Austin”) and Rachel
Lynn Rose Mitton, born August 26, 2013 (“Rachel”) collectively, “the children”.

3. The Respondent father, Jason Mitton (“Jason”) seeks an Order for shared parenting of the children. Both parties
have an equal and strong relationship with the children. At all times, Jason would encourage the children to
have a fulsome relationship with the Applicant mother, Suzanne Mitton (“Suzanne”). Both parents were equal
caregivers to the children during their marriage. As a result of what has occurred since Suzanne commenced her
proceedings, Jason has not had quality parenting time with the children.

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 Form 17C: Settlement Conference Brief (General) (page 3) Court File Number FC 397/21

4. The parties settled the issues of child support and parenting time on a temporary basis pursuant to a Minutes of
Settlement dated April 15, 2021 (“Minutes”). The Minutes are attached hereto as Schedule “A”.

5. As of right now, Jason exercises parenting time with both children on alternate weekends. Currently, the
exchanges occur as follows: Jason picks the children up on Friday at 4:30 p.m. from the Alliston hockey Arena
and returns them to same on Sunday at 7:30 p.m. Jason is responsible for transporting the children to and from
the exchange location. Jason is doing the lion’s share of the driving and proposes that on a go forward basis the
parties’ ought to find a less onerous exchange location between their homes. Given that both parties would
benefit from a more convenient exchange location, Jason’s position is that the exchanges can take place at
Zehrs at 11 Bryne Drive, in Barrie.

6. Prior to entering the Minutes, on April 9, 2021, Suzanne brought an urgent motion for a restraining order
against Jason. The restraining order was granted in part, on a without prejudice basis and expired at 5:00 p.m.
on April 15, 2021. Justice Jain’s Endorsement is attached hereto as Schedule “B”.

7. It is Jason’s position that parenting time be increased. The children are equally bonded to both parents and both
parents have a strong relationship with the children. The children have expressed to Jason a desire to see him
more often and on a week about basis.

8. At the time the April 15, 2021, Minutes were executed, Jason agreed to provide SCRAM Breathalyser tests in
advance of and during his parenting time with the children due to concerns that he consumed excessive alcohol.
The concern was unfounded. There was never a need for SCRAM testing, Jason denies ever having an alcohol
problem. The parties agreed that Jason’s parenting time would be reviewed upon him providing three months of
SCRAM testing showing that he was not consuming alcohol while the children were in his care. He has not
once breached this provision and the need for SCRAM was cancelled in July 2021 after the Case Conference –
Justice McCarthy’s Endorsement is attached hereto as Schedule “C”.

9. There has been some gatekeeping of Jason’s parenting time. For example, the parties had agreed in their
Minutes that Jason’s parenting time would be expanded to Thursday at 4:30 p.m. and Mondays at 7:30 p.m. in
the event of a holiday. This provision has been breached three times. Jason was not permitted to exercise long-
weekend parenting time during July, August, and October long weekends. Jason was not granted any make-up
parenting time and went over 3 weeks without seeing the children.

10. Jason also denies that he does not follow parenting protocols for COVID. The children got infected with
COVID-19 after attending hockey practice just before Christmas while they were in Suzanne’s care. She took
them to hockey practice after Jason had advised Suzanne's lawyer that he was not going to take the children to

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 Form 17C: Settlement Conference Brief (General) (page 4) Court File Number FC 397/21

hockey the week prior to Christmas since COVID cases were surging, and the children could get COVID before
Christmas. Suzanne ignored this request and took the children to their practices where they contracted COVID.
Unfortunately, Rachel had COVID-19 came back to my home with COVID. Also, back in November Suzanne
ignored the mandated direction of the health unit to isolate the children. She allowed the children sleepovers
and family outings at the tobogganing hill. I have a video of the children telling me this information.

11. Jason also seeks an Order that on a go forward basis the parties share decision making responsibility for the
children. He is willing to consult and cooperate with Suzanne in all aspects to ensure decisions are made in the
children’s best interests.

12. There is no evidence of the children’s views and preferences before the court. Justice McCarthy requested the
involvement of the OCL in her Endorsement of July 28, 2021. After both parties completed and submitted their
intake forms, they received a letter from the OCL on September 23, 2021, indicating that they declined to
provide services.

Property

13. The major asset is the parties jointly owned matrimonial home municipally known as 30 Fisher Drive
Everett, Ontario.

14. The parties have almost completed the disclosure of their most valuable assets except for Suzanne’s TD
RSP as of the date of separation her Loblaw’s pension, and proof of the tracing of funds received from her
settlement which her rolled into her TD Investments. The parties are in the position to finalize equalization of
net family property once the matrimonial home and trailer are listed and sold, or Suzanne otherwise takes full
ownership of the home and/or Jason takes full ownership of the trailer.

15. Pursuant to the Minutes, Suzanne has temporary exclusive possession of the matrimonial home until
further court order or agreement. Jason continues to contribute to one-half of the carrying costs associated with
the matrimonial home by paying $1,300 per month into the parties’ joint bank account until the parties resolve
the issue of division of property. Jason also continues to pay for the property insurance. This sum is paid in
addition to the $400 in monthly child support that Jason continues to pay since the Minutes were executed.

16. Jason disputes that he is in arrears of child support in the amount of $2,400 as claimed by Suzanne and
holds her to the strict proof thereof. He routinely made $400 deposits into the parties’ joint bank accounts and
child support is currently subject to Family Responsibility Office (FRO) Enforcement.

17. The parties have discussed selling their Haliburton trailer to settle the outstanding property issues. Or

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Form 17C: Settlement Conference Brief (General) (page 5) Court File Number FC 397/21

alternatively, that Jason buy Suzanne’s interest out of the trailer. Pursuant to the Minutes, the parties alternated
use of the trailer on roughly 2 weeks on, 2 weeks off basis up until October 28, 2021. Jason continues to make
monthly payments of $601.25 towards the trailer and Suzanne pays $300 per month. This $300 payment is
made by Jason by reducing his $1,300 monthly mortgage payment towards the matrimonial home to $1,000.

18. Although both parties have expressed an interest in listing the matrimonial home for sale, Suzanne’s
primary position is that the home be appraised, and that she then buy out Jason’s interest in the home.

19. One of Jason’s largest assets is his OMERS Pension. The family law value (FLV) of his Pension is
$272,154.71 and the maximum amount that can be assigned and transferred to Suzanne is $136,077.36.

20. Jason is also the sole shareholder of Straightline Alignment Inc. (“Straightline”) wherein he carries on
business doing mobile truck alignment. Straightline has historically had declining revenue over the last 5 years
and sales were also impacted negatively by COVID-19. Jason retained M2 Financial Solutions to conduct a
business valuation as of January 1, 2021, the valuation date (“Business Valuation”). The Business Valuation
was finalized on September 30, 2021. The report concluded that the business had a nil $0 value as of the date of
separation.

After review of all calculations there is no situation where Mr. Mitton can sell or
liquidate the company, the assets, the goodwill, or any combination and subsequently
pay off the outstanding debt of the company. Hence there is no possibility of generating
a positive gain. The value of the company when reviewed as a whole is negative and
therefore the company would be viewed to have a zero ($0) Fair Market Value. 1

21. The Business Valuation also indicates that the fair market value of Straightline based on an EBITDA
(earnings before interest, taxes, depreciation and amortization) approach is as follows:

a. Low: ($1,944);

b. Mid: $1,268; and

c. High: $4,479.

22. The Respondent’s NFP statement is attached hereto as Schedule “D” – based on this NFP statement
Jason owes Suzanne an equalization payment of $77,132.57. This number is subject to further disclosure of
Suzanne’s RSP as of the date of separation and her Loblaw’s pension. This equalization payment owing from

1
Straightline Alignment Inc. Estimate of Fair Market Value as of April 30, 2021, at page 12.
FLR 17C (December 1, 2020) Page 5 of 8
Form 17C: Settlement Conference Brief (General) (page 6) Court File Number FC 397/21

Jason to Suzanne will be set off against the buy-out price necessary for Suzanne to purchase his interest in the
matrimonial home or in the event they sell the home.

23. The parties also need to finalize the splitting of their household contents as well as for Jason to collect
the balance of this belongings from the matrimonial home which he has not been able to access since February
2021 when he was only able to collect work clothes, personal clothes, and work materials. Jason is in a position
there most of his clothing, tools, and personal items remain in the home.

Support

24. Child support in the amount of $400 continues to be paid every month while the children continue to
have their primary residency with Suzanne.

25. This is not an appropriate case for spousal support.

26. The parties have roughly similar incomes. Jason is currently employed by Alectra Utilities Inc. as a
mechanic/technician. In 2020 his Line 150 income was $101,110.

27. Suzanne is employed by Loblaws Companies Ltd. and works in their real estate department. In 2020 her
Line 150 income was $93,643.17. It is likely her 2021 income was greater as of right now this disclosure is
outstanding.

28. Both parties worked demanding jobs which required them to work late into the evening. They both
alternated days off to ensure they could be home to take care of their children.

29. As far as business income, historically, Straightline did not generate any taxable for the year end on
April 30, 2018, or April 30, 2019, and earned no revenue in 2020. Jason has produced corporate tax returns for
the years 2018, 2019, and 2020. The following is a summary of Straightline’s revenue and income (loss) before
taxes.

Year Revenue Expenses Income

Before Taxes

2021 $31,849 $44,023 ($12,174)

2020 $45,835 $52,624 ($6,789)

2019 $47,827 $47,046 $781

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Form 17C: Settlement Conference Brief (General) (page 7) Court File Number FC 397/21

2018 $42,198 $55,164 ($12,966)

2017 $58,306 $63,465 ($5,159)

30. Although the Applicant has made a claim for spousal support in her Application, she has not pleaded
any material facts to support same.

9. Do you want the court to make a temporary or final order about any of these issues at the settlement conference?
No x Yes (Give details.)
1. The Respondent have increased parenting time on a 50-50 shared arrangement.
2. The Applicant provide the disclosure as listed below under paragraph 16.
10. Have any of the issues that have been settled been turned into a court order or a written agreement?

Temporary Minutes of Settlement dated April 14, 2021, dealing with parenting time, decision making,
child support, payments to and exclusive possession of the matrimonial home, household contents,
vacation property, and debt maintenance.

No
x Yes an order dated
x a written agreement, which is attached.
11. Are any of the issues in this case urgent?
x No. Yes. (Identify the issues and give details of why the issues are urgent.)

PART 3: PROCEDURAL MATTERS

12. If there is a parenting assessment in this case, is it finished?
Yes (If it is not already filed in the continuing record, file it now. Give the tab/page number(s) of the assessment:)

No (Explain why the assessment is not ready.)

13. Are there issues that may require expert evidence or a report?
x No. Yes. (If yes, provide details such as: the type of expert evidence; whether the parties will be retaining a joint
expert; who the expert will be; who will be paying the expert; how long it will take to obtain a report, etc.)

14. Have all of the reports you intend to rely on been provided to all of the parties and the Children’s Lawyer (if
involved)?
No. Yes.
If not, when will they be provided?

15. If the Children’s Lawyer is involved in this case, has the Children’s Lawyer told the parties what its position is on the
issues involving the children?
Yes. (What is the Children’s Lawyer’s position? Explain below.)
No (Explain below.)

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Form 17C: Settlement Conference Brief (General) (page 8) Court File Number FC 397/21

16. Have the parties finished the disclosing of documents and the questioning of witnesses?
Yes. x No. (State what has not been done.)

The Respondent requests the following disclosure from the Applicant:

1. Final paystub for 2021;
2. Particulars regarding the tracing of CBRE Settlement funds into Applicant’s TD investments;
3. TD RSP value as of date of separation;
4. Full 2020 Income Tax and Benefit Return;
5. 2018 Income Tax and Benefit Return; and
6. Value of Loblaw pension as of date of separation.
17. Are there any further procedural orders needed in this case?
No. x Yes. (Explain.)
1. An order for leave to conduct questioning.
18. I estimate that the trial time needed for my part of this trial is 2 days; the other side’s part of this trial is
2 days.

PART 4: OFFER TO SETTLE

19. The following is my offer to settle the outstanding issues in this case: See attached as “Schedule E”.
x offer to settle all issues offer to settle some of the issues

NOTE: If you have already made an offer and it is still open for acceptance, attach a copy to this brief.
If you have not made an offer to settle, you must make one here. If you do not have enough information about all the issues, make a
partial offer on those issues for which you do have enough information.
The other side can accept your offer. And if the other side does accept it, the accepted offer becomes a binding contract and can be
turned into a court order that can be enforced against you. The other side can make a counter-offer.
In your offer for child support, give detailed calculations for any claim for special expenses or for undue hardship. If your offer deals
with spousal support, it will be helpful to your case if you attach detailed calculations showing the effect of income tax on any proposed
support order.

Put a line through any space left on this page.

Date of party’s signature Signature of party

Date of lawyer’s signature Signature of party’s lawyer

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