“On this motion, the applicant primarily relied on the Automatic Order and on r. 8.0.1 of the Rules. During oral submissions, counsel for the applicant indicated that it would be unprecedented for the court to grant the order sought by the respondent. Both counsel indicated that there were no cases on point. The respondent, in turn, relied primarily on r. 2(2) of the Rules, which sets out the primary objective of the Rules.
In my view, there is ample authority that address situations where a threshold decision ought to be made which is binding on the court. An automatic order is governed by r. 8.0.1 of the Rules and applies to a claim for support under the Divorce Act. The addition of the automatic order to the Rules came into force in December 2021, and not surprisingly, neither party can point to a case on point. As noted by the applicant, the Automatic Order requires the respondent to provide financial disclosure pursuant to r. 13 of the Rules.
When the Application was served, the respondent would have been provided with an Automatic Disclosure order which sets out the financial disclosure required. The Automatic Order codifies the parties’ disclosure obligations at the commencement of the proceedings and applies to the person bringing a claim for the relief set out in r. 8.0.1. Such claims may be included in an issued application, an answer, motion to change a final order, or agreement under r. 15, or delivered as a response to a motion to change that contains a claim. In Manchanda v. Thethi, 2016 ONSC 3776, 131 O.R. (3d) 393, Myers J. provided a detailed and concise history of the rationale for the automatic disclosure order in family law proceedings. He noted, at para. 20:
Without enforcement of the primary objective, a party can frustrate the civil justice system’s goals of efficiency, affordability, proportionality, and fairness, by making the process slow, expensive, and distressful. Without enforcement, 17 years into the piece, all of the important words recited above, written by so many experienced family law judges, amount to little more than spilled ink.
Rule 8.0.1 applies to claims made on or after February 1, 2022, respecting:
(a) decision-making responsibility or parenting time;
(b) net family property;
(c) the matrimonial home; or
(d) support.
The applicant’s claim for spousal support is under the Divorce Act, and therefore r. 8.0.1 of the Rules presumptively applies. Form 8.01 mirrors the financial disclosure obligation in r. 13.
In my view, having regard to the objective of the Rules and the nature of the information disclosed, and in the context of pending summary judgment motion to determine the validity and enforceability of the Separation Agreement and release clause, I would not order disclosure in accordance with r. 8.0.1 at this time. Let me explain.”