2011 ONSC 3772, 2011 ONSC 3772

CITATION : Dzudz v. Dzudz, 2011 ONSC 3772 COURT FILE NO.: 07-FL-5747 SUPERIOR COURT OF JUSTICE - ONTARIO RE: EILEEN CATHERINE DZUDZ, Applicant AND: GREGORY JOHN DZUDZ, Respondent BEFORE: Master Lou Ann M. Pope COUNSEL: Eileen Catherine Dzudz, acting in person Gregory John Dzudz, acting in person HEARD: March 13, 2009, April 20, 2009, May 29, 2009, July 17, 2009, September 21, 2009; January 15, 2010, March 29, 2010, July 9, 2010, September 13, 2010; and March 28, 2011. final report on reference [ 1 ] Pursuant to the Divorce Order of the Honourable Mr.

Justice Steven Rogin dated November 3, 2009, it was ordered in paragraph 15 therein that: There shall be a reference to the Master at Windsor with respect to the jewellery, contents, personal possessions and effects of the Applicant and the Respondent.

Any such reference shall be commenced by either party by no later than January 31, 2010. [ 2 ] I conducted ten hearings on the following dates: March 13, 2009, April 20, 2009, May 29, 2009, July 17, 2009, September 21, 2009, January 15, 2010, March 29, 2010, July 9, 2010, September 13, 2010 and March 28, 2011. [ 3 ] The parties advised the court that they separated on December 11, 2006, which is the valuation date for purposes of division of their personal property and contents of the matrimonial home as set out in the said Divorce Order. [ 4 ] I issued one Interim Report on Reference dated February 23, 2010, a copy of which is attached hereto.

Exhibits [ 5 ] The following documents were made exhibits to the reference: A – CAW Legal Services Plan – letter dated July 16, 2009 B – Copy of consent – handwritten – dated March 12, 2009 C – Copy of amended and signed order – July 17, 2009 D – Respondent’s Contents List as filed on March 29, 2010 E – Applicant’s Contents List as filed on March 29, 2010 F – Financial Statement of Respondent – sworn June 19, 2008 G – Financial Statement of Applicant – sworn July 21, 2008 H – Contents List – Eileen Dzudz – filed July 9, 2010 I – Contents List – Gregory Dzudz – filed July 9, 2010 J – Chart #2 – Disputed Items – Eileen Dzudz K – Chart #2 – Disputed Items – Gregory Dzudz L – Quote from “Vehicle Venture” for truck lock top - October 29, 2009 M – Franklin Mint Train Set – quote from “eBid” – February 1, 2007 N – Print-out from Amazon.com – 2 sided page – Royal Winton tea set O – 5 photos of kitchen fridge/freezer P – Print-out “EBay” – 8 pages – item 28 pink tea set 1950 Cranberry

Brocade Royal Winton Q – Photocopy of cheque 004, Page 1 of 2, written by Shirley Dzudz to Gregory Dzudz for $10,000 – July 22, 2005 with memo R – 4 pages typed – list of contents – page 4 re: old money S – 2 photos – table and chair sets – upstairs (#2), downstairs (#1) T – Service contract with RV Advantage – August 17, 2005 for purchase of trailer U – Used vehicle Bill of Sale – 06 Springdale – August 17, 2005 V – Photo of beer fridge (red, Canada) W – Copy of receipt – Teppermans – dining room set & 2 chairs X – Master Card statement – Peoples Jeweller’s – February 11, 2005 Y – statement from City Bank – Peoples, Mappins – 3 stone bands December 11, 2005 and January 2006 Z – Unis Jewellers – appraisal for diamond earrings – August 3, 2001 AA – Receipt – Sears dated November 27, 1999 – Stove/Range BB – Receipt – Lazy Boy Gallery – January, February 2005 – couch CC – Photos (3) – leather couch, 2 chairs DD – receipt – Appraisal – Gregor Jewellery – Ladies diamond pendant $620.00 – December 29, 2002 EE – Kijiji page – listing print out – wedding rings – February 13, 2009 – Diamond cluster dinner ring FF - Appraisal certificate related to applicant’s jewellery GG – letter from Gregory Dzudz to Eileen Dzudz HH – “EBay” listing – dated September 13, 2010 – 3 pages II – Newspaper ad from Macy’s flyer – November 2010 JJ – “EBay” listing – dated January 1, 2011 – one page KK – Kijiji printout dated November 8, 2010 – 2 pages LL – Kijiji printout re: stoves – 2 pages: dated November 8, 2010 and January 9, 2011 Orders [ 6 ] In the attached Schedules, the abbreviations have the following meanings: “A” means applicant “R” means respondent “DOM” means date of marriage “DOS” means date of separation 1.

The applicant shall retain the property that is listed in

Schedule “A” to this Report; 2. The respondent shall retain the property that is listed in

Schedule “B” to this Report;

3. The parties shall make arrangements between themselves for the delivery of property, which is currently in one party’s possession, but has been ordered above to be the property of the other party. The exchange of property shall take place within 30 days of the date of this Report. 4. The respondent shall pay to the applicant the sum of $1,085.00 within 60 days of the date of this Report. This figure was arrived at as follows: respondent shall pay to the applicant $1,135.00 less: applicant shall pay to the respondent 50.00 $1,085.00 (see Schedules “A” & “B” hereto) 5.

There shall be no order as to costs. [ 7 ] Attached hereto is a copy of Exhibit “J” (Chart #2 – Disputed Items). Original signed “Master Pope” Master Lou Ann M. Pope Date: June 20, 2011

SCHEDULE “A” APPLICANT’S PROPERTY The applicant shall retain the following property: Exhibit “H”, Applicant’s Chart #1, p.2; beige shading, shall be delivered to Applicant by Respondent (with the exception of any disputed items as listed on Chart #2 – Disputed Items (blue paper)) Exhibit “H”, Applicant’s Chart #1, pp. 8-10 in pink shading, shall be retained by Applicant (with the exception of any disputed items as listed on Exhibit “J” - Chart #2 – Disputed Items - blue paper)) (numbers correspond with numbers in column 1 on Exhibit “J”, Chart #2) 2: 6-foot ladder and 8-foot ladder ; R shall return to A 4: 4-drawer steel filing cabinet & 2-drawer wooden filing cabinet ; R shall return to A 13: 3-tier plant stand

18: Table saw 19: ½ of marble floor tiles (new in boxes ): R to give A 20: return Black & Decker or Craftsman drill 25: green matt ; R shall return to A 27: Applicant’s father’s wheelbarrow; R shall return to A 29: 2 hand painted pictures (from A’s uncle) 33: Nicholas’ hockey net: A shall pay $50 52: Children’s bedroom sets: excluded prop. of R ; value $1600; A shall retain 53: scrapbook with family photos: R make best efforts to reproduce photos and return to A 56: photos of applicant’s grandparents ; R shall deliver to A if he finds them 57: applicant’s nursing books: Finding: no value; R shall return to A 58: small water colour picture : R shall return to A 59: plug-in cooler : R shall return to A 60: paper cutter: R shall return to A 61: children’s items: R shall return to A 65: tent poles and spikes: R shall return to A 66: nursing diploma: R shall return to A 67: Black &Decker hedge trimmer: R shall return to A (28: pink tea set: gift to daughter; daughter’s property) Items of matrimonial property in dispute: Applicant shall retain the following items: (numbers correspond with first column in Exhibit “J” Chart #2 – blue paper) 6: good dishes from dining room set 7: pictures in our room 8: antique pictures 12: cedar chest 14: slot machine 15: christening gown 17: 4 quick grip bar clamp/spreader 21: professional wood chisel set 22: automobile recharger 27: plastic wheel barrow 35: good silverware 43: table/4 chairs

( following items are listed in Exhibit “H”, Chart #1 Contents List, page 10 – pink shading) Applicant’s wedding rings – value undetermined at DOS; on consent A shall retain Applicant’s engagement ring: Applicant’s property before DOM; A shall retain Applicant’s diamond charm pendant – value $280 at DOS; on consent A shall retain Applicant’s diamond earrings – value $300 at DOS; on consent A shall retain Applicant’s diamond bracelet – deemed to be in Applicant’s possession – undetermined value at DOS; on consent A shall retain Applicant’s forever ring – value $150 at DOS; on consent A shall retain Leather couch & 2 cloth chairs; on consent A shall retain Kenmore stove – value undetermined at DOS; on consent A shall retain

SCHEDULE “B” RESPONDENT’S PROPERTY Respondent shall retain the following property: Exhibit “H” (Applicant’s Chart #1, pp. 3-5 shall be retained by Respondent (with the exception of any disputed items as listed on Chart #2 – Disputed Items (blue paper) Exhibit “H” (Applicant’s Chart #1, pp. 7-8 in green background) shall be returned to Respondent by Applicant (with the exception of the items noted in handwriting by Applicant) (numbers correspond with numbers in column 1 on Exhibit “J”, Chart #2) 1: truck lock top: R shall pay $400

2: step ladder 3: truck bed liner: R shall pay $50 5: washer: R shall pay $500 9: Franklin Mint train set: R shall pay ½ value of $170 being $85 16: 4-bike bike rack 19: ½ of marble floor tiles (new in boxes): R to give A 20: hammer drill: A shall return to R 23: 2-ton car jack: R shall pay $50 24: power washer ; R shall pay $50 26: paint stick and accessories 32: red/orange hat (A best effort to find and return to R) 36: $120 old money: A shall pay $60 39: desk – A shall return to R 40: Kodak digital camera – A to return to R 42: JVC boom box 50: Uniden cordless phone 62: 100 foot extension cord 63: Black & Decker orange tool box 64: leaf blower Items of matrimonial property in dispute: Respondent shall retain the following items: (numbers correspond with first column in Exhibit “J” Chart #2 – blue paper) 11: rotor tiller 38: Respondent’s wedding ring – location unknown – Applicant to make her best efforts to locate and return to Respondent 55: small Canadian beer fridge