May 1, 2023 – Disclosure: It’s Not Transactional

“To be clear, disclosure is not transactional. It is obligatory for every party in a family law matter, irrespective of whether there is a case before the court or the other party’s disclosure efforts. Disclosure is automatic, immediate and ongoing. It must be proportionate to the importance and complexity of a case, reasonable in scope and provided in an intelligible format and timely way. It is the most basic of family law obligations, the casual observance or disregard of which strikes at the heart of the administration of family justice. It is far better for a party to err in favour of broader rather than more restrictive disclosure. Time and again, courts have emphasized, even noted as was done when this case was set for trial, that non-disclosure may negatively impact the court’s assessment of a party’s credibility.”

         Jayawickrema v. Jayawickrema, 2020 ONSC 2492 (CanLII) at 27