ONTARIO
SUPERIOR COURT OF JUSTICE
COURT FILE NO.: FS-13-4461-00
DATE: 2015-09-02
B E T W E E N:
JOSEPH CHARLES YVON BOUDREAU
Howard Wright, for the Applicant
Applicant
- and -
MARTA SZABO-BOUDREAU
Andrea Acri, for the Respondent
Respondent
HEARD: September 2, 2015,
at Brampton, Ontario
Price J.
Endorsement
NATURE OF PROCEEDING
[1] The respondent convened this teleconference to address disclosure issues arising from the consent order that the court made following a case conference on April 17, 2015.
BACKGROUND FACTS
[2] The consent order required Mr. Boudreau to produce the following:
a) Proof of Mr. Boudreau’s 2014 income and gross business income and year to date for 2015;
b) The last three years of his personal and business bank statements and credit card statements;
c) An un-redacted copy of his online RBC statement supporting his assertion regarding a $4,500 loan.
[3] It is not disputed that Mr. Boudreau has failed to produce the following:
a) His income tax return for 2014;
b) Evidence of his gross business income for 2015 to date;
c) An un-redacted copy of his online RBC statement supporting the $4,500 loan;
d) The monthly statements for his business VISA account ending “0973” for 2013 and 2014;
e) The monthly statements for his personal VISA account ending “1884” for 2012 and 2013;
f) His monthly statements for his personal bank account ending “8839” for 2014;
ISSUE AND ORDER
[4] Mr. Boudreau asks that he be given a further 30 days to comply with my order as the Bank has failed to respond promptly to his requests. No more than two weeks will be allowed for the following reason. The order dated April 17, 2015, provides as follows:
If a party fails to produce a document required by the date set out in paragraph 1, above, that party shall, by that date, produce a sworn affidavit setting out the steps taken to obtain the document and the reasons it was not produced, together with a signed Direction to any third party who may be in possession of the document, directing the third party to produce the document, at the expense of the party who was required by this Order to produce it, directly to the solicitor for the party who delivered the Request for Information.
[5] The purpose of the foregoing paragraph is, on one hand, to enable the party who has received the request for information to avoid sanctions for failing to produce a document when that failure was beyond his control and, on the other hand, to enable the intended recipient of the document to move for production of the document from the non-party. Even if Mr. Boudreau was unable to produce the documents by the due date because his Banks were not responding promptly to his requests, there was nothing preventing him from producing an affidavit setting out the steps he had taken to secure the documents, the reasons the documents were not produced, and a Direction to the banks, authorizing and directing them to produce the documents directly to Ms. Boudreau. This would have enabled Ms. Boudreau to make a motion, on notice to the banks, for production of the documents that were once in the possession of Mr. Boudreau and are now in the possession of the bank.
[6] Based on the foregoing, it is ordered that:
a) Mr. Boudreau shall, by September 17, 2015, produce the records described in paragraph 3, above.
b) If Mr. Boudreau has not, by September 17, 2015, complied with the April 17, 2015, order, either by producing the remaining documents or an affidavit with the information described by the order, Ms. Szabo-Boudreau has leave to make a motion to strike his pleadings on financial issues.
c) The parties shall attend for a settlement conference at 9 a.m. on November 3, 2015, before me.
Price J.
Released: September 2, 2015
COURT FILE NO.: FS-13-4461-00
DATE: 2015-09-02
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
JOSEPH CHARLES YVON BOUDREAU
Applicant
- and –
MARTA SZABO-BOUDREAU
Respondent
ENDORSEMENT
Price J.
Released: September 2, 2015