October 1, 2019 – Obtaining Disclosure From Third Parties

“Robert argues that the board of Mandrake Management Consultants refuses to release its financial statements to him. This is not a sufficient excuse. In Di Luca v. Di Luca (2004), 1 R.F.L. (6th) 162 (Ont. S.C.J.) at paragraphs 12-15, Stewart J. held that if it is necessary to obtain information in the possession of a third party in order to discharge the obligation to make full financial disclosure, then steps should be taken by the party upon whom the obligation to disclose rests to do so. Stewart J. specifically addressed the argument Robert makes, writing, “In the family law context, where early and complete financial disclosure is not only encouraged but demanded, I am of the opinion that a party who has been unable to obtain access to the documents and information necessary to comply with that obligation must resort to a motion under Rule 30.10 to gain access to the necessary material and cannot say that the opposing party is obligated to do so . . . If those third parties continue to refuse to provide the documentation and information necessary to allow [the spouse with the obligation to disclose] to comply, she must seek an order of the Court to compel production.” It was part of Robert’s obligation under the Family Law Rules to seek an order of the court to compel disclosure from Mandrake Management Consultants and the other corporations noted above.”

Peerenboom v. Peerenboom, 2018 ONSC 5796 (CanLII) at 30