In a family law dispute involving allegations of hidden assets and non-disclosure, the wife sought business records from a corporation formerly co-owned by her husband.
The husband had sold his interest to his business partner, who then refused access to the records.
The motion judge ordered the third-party partner and corporation to disclose the records under Rule 19(11) of the Family Law Rules.
On appeal, the Court of Appeal held that while the motion judge erred by relying on previous disclosure orders against the husband rather than making an independent determination of unfairness, the disclosure order was nonetheless justified.
The appeal was dismissed, but the husband was ordered to reimburse the third parties for their reasonable expenses in complying with the order.
