June 7, 2024 – “Catch Me If You Can”

“It is the husband’s onus to prove his income.  The wife should not have to be playing a game of “catch me if you can” with the husband.  If the husband does not get his disclosure in order, and if this is the evidence that is called at the trial, the husband is at serious risk of having significant adverse inferences drawn against him.  At ¶ 81 of Meade v. Meade, 2002 CanLii 2806 (Ont. S.C.J.), Kiteley J. held that it was incumbent on those who are self-employed to put forward adequate and comprehensive records of income and expenses, which means a package from which the recipient spouse can draw conclusions and the amount of child support can be established.  Where disclosure is inadequate and inferences are to be drawn, they should be favourable to the spouse confronted with the challenge of making sense out of the financial disclosure, and against the spouse who failed to meet his obligation.”

          Edey v. Beccatti, 2023 ONSC 3447 (CanLII) at 98