July 6, 2021 – Relying On Unsworn Financial Information

“The appellant’s attack on the motion judge’s decision rests in part on unsworn financial information filed for the first time on appeal. This information purports to set out the value of the parties’ assets, and, he alleges demonstrates inaccuracies in the respondent’s financial statement on which the uncontested order was based.

The most fundamental obligation of a party to a family law action is to make early, complete financial disclosure. The appellant has never filed a financial statement. It is not open to him now to rely on unsworn financial information that was not part of the record before the motion judge.”

         Mackey v. Rerrie, 2016 ONCA 541 (CanLII) at 5-6