Rule 13 of the Family Law Rules governs financial disclosure obligations (both requesting and providing). Specifically, if a party is not satisfied that the provided disclosure is sufficient, such party must make a Request for Information. (Family Law Rules, O Reg 114/99, rr. 13(11)(a) and (13)).
Price J. in McDowell v. McDowell, 2021 ONSC 1954 identifies the appropriate steps of the requesting party as follows.
- The disclosure process requires each party to produce certain specified documents. The requesting party makes a Request for Information in Form 20. The opposing party may disobey. In that case, the requesting party can ask for an Order at a case conference or a motion that disclosure be produced.
- In case of further non-compliance, the requesting party may proceed with enforcement. In some cases, the Court may collapse the two steps if the parties did not exchange Form 20. The court can direct the parties to exchange Requests for Information and “make disclosure” or “respond to the Requests”. However, the Rules provide for enforcement of statutory obligations and Orders, not Requests for Information.
The Issue Not Conferenced/Disclosure Motion Premature (No Prior Request)
Rule 14(4) states that a party cannot serve and file a motion before a case conference on substantive issues. (Family Law Rules, O Reg 114/99, r. 14(4)).
Perkins J. stated in West v. West, 2001 CanLII 28216 at paragraph 8: “The common understanding of this rule is that a case conference must first be held to deal with and try to settle the issues that are the subject of the potential motion.”
It is important to have a knowledgeable lawyer who understands Requests for Information. This simple tool sometimes may help discover hidden “treasures” that the opposing party might be withholding. It also helps pave the road towards a successful disclosure motion. It can possibly help with a motion to strike the other party’s pleadings in case of continuous non-compliance.
PLS WILL HELP!
