Case information
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41869
Albert Edward Green v. Kristine Jill Hill
(Ontario) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2026-04-30 | Close file on Leave | |
| 2026-04-28 |
Correspondence (sent by the Court) to, parties, RE: Certificate of Taxation |
|
| 2026-04-28 | Certificate of taxation issued to, Matthew J. Lambert | |
| 2026-04-28 | Decision on the bill of costs, in the amount of $1,033.30, Reg | |
| 2026-04-28 | Submission of the bill of costs, Reg | |
| 2026-03-30 | Bill of costs, (Letter Form), Completed on: 2026-04-28, (Printed version due on 2026-04-08) | Kristine Jill Hill |
| 2026-03-19 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2026-03-19 | Judgment on leave sent to the parties | |
| 2026-03-19 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for Ontario, Number COA-24-CV-0401, 2025 ONCA 312, dated April 25, 2025, is dismissed with costs. Dismissed, with costs |
|
| 2026-01-26 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2025-08-25 | Certificate (on limitations to public access), (Letter Form), 23A, (Printed version filed on 2025-08-25) | Kristine Jill Hill |
| 2025-08-25 |
Respondent's response on the application for leave to appeal, (Book Form), Missing: -Proof of service (Received August 25, 2025) , Completed on: 2025-08-25, (Printed version filed on 2025-08-25) |
Kristine Jill Hill |
| 2025-06-24 | Letter acknowledging receipt of an incomplete application for leave to appeal, File open | |
| 2025-06-23 |
Certificate (on limitations to public access), (Letter Form), 23A Will need amended version (Q. 5) (rec'd 2025-08-21), (Printed version filed on 2025-06-30) |
Albert Edward Green |
| 2025-06-23 |
Application for leave to appeal, (Book Form), Missing: -Amended 23A (rec'd 2025-08-20) -CA Order (draft order filed within the application) (rec'd 2025-10-08), Completed on: 2025-10-09, (Printed version filed on 2025-06-30) |
Albert Edward Green |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Green, Albert Edward | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Hill, Kristine Jill | Respondent | Active |
Counsel
Party: Green, Albert Edward
Counsel
Michael Crampton
Hailey E. Corrigan
77 King Street West, TD North Tower
Suite 700, P.O. Box 118
Toronto, Ontario
M5K 1G8
Telephone: (416) 368-6200
FAX: (416) 368-0300
Email: ebirnboim@cpllp.com
Party: Hill, Kristine Jill
Counsel
Scott DeGroot
63 Charlotte Street, P.O. Box 144
Brantford, Ontario
N3T 5M3
Telephone: (519) 756-8700 Ext: 241
FAX: (519) 756-2181
Email: mlambert@dudleylambert.com
Agent
99 Bank Street
Suite 1420
Ottawa, Ontario
K1P 1H4
Telephone: (613) 783-9699
FAX: (613) 783-9690
Email: david.elliott@dentons.com
Summary
Keywords
Family law — Divorce — Family property — Valuation — Land — Land on Indian reservation — Valuation absent market data — Use of hypothetical discounts — Highest and best use of land — Whether trial judge erred by using hypothetical discounts when valuing on-reserve lands — Whether lands upon which highly successful industrial and retail enterprises were located were properly valued as agricultural land.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Mr. Green and Ms. Hill are status Indians and members of the Six Nations of the Grand River. They began cohabiting in 2007, were married in 2013, and separated in 2015. They had no children. They had run multiple businesses which generated substantial cash that was used by both parties, but the finances of the businesses were not well tracked. In 2018, Ms. Hill brought an application seeking a divorce only, with property claims being added later. The parties provided numerous, often conflicting, accounts on issues relating to their assets and wealth. During the marriage, they were not critical of one another on this point.
All of the real property at issue was on the Six Nations Reserve No. 40, so it could not be sold, purchased or encumbered. It is owned by the Crown, but in possession and control of the Six Nations Band Council. The Band Council can then allot parcels to individual Band members by granting “Certificates of Possession”, which carry occupancy rights. Those rights can be bought and sold between Band members, but cannot be acquired by anyone else. The real property here was subject to Certificates of Possession.
Both parties adduced expert evidence concerning the valuation of the businesses and lands, but there was no market data for the lands.
The trial judge rejected the valuations put forward by Mr. Green and accepted the valuations put forward by Ms. Hill. The Court of Appeal dismissed Mr. Green’s appeal.
Lower court rulings
Ontario Superior Court of Justice
FS 18-15500
Presumptive equalization of net family property payment set; value of property removed by Mr. Green to be notionally returned to Ms. Hill by post-separation adjustment; adjusted net payment set
Appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
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Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
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Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
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