The applicant sought an order for production of financial disclosure from third parties (the respondent's father, family corporations, and a family trust) pursuant to the Family Law Rules and Rules of Civil Procedure.
The applicant and respondent are involved in family proceedings concerning child support, spousal support, and equalization of net family property.
The applicant sought to set aside a domestic contract and alleged the respondent's reported income had declined significantly post-separation despite evidence of substantially higher cash flow during the marriage.
The third parties opposed production, arguing the motion was premature and that the domestic contract must first be set aside.
The court found the motion was not premature, that the applicant had met her onus, and that disclosure was necessary to fairly determine the respondent's true income and net family property.
The court ordered production of financial statements and corporate tax returns from the companies and details of non-arm's length expenses from all third parties, subject to confidentiality terms.
