In a family law proceeding, the responding spouse brought a motion seeking disclosure from three non-party corporations connected to the applicant spouse’s business interests.
The requested documents were required by the moving party’s business valuator to assess the value of the applicant’s corporate interests and income for matrimonial property purposes.
The corporations resisted disclosure citing confidentiality concerns and sought to redact information relating to other shareholders.
The court applied Rule 19(11) of the Family Law Rules and held that it would be unfair for the moving party to proceed without the requested information.
The court ordered production of the outstanding documents without redactions, subject to litigation privilege and a confidentiality agreement.
