Court File and Parties

COURT FILE NO.: FS-21-25095-000 DATE: 20230407 SUPERIOR COURT OF JUSTICE - ONTARIO

RE: GISLENE AIELLO, Applicant AND: FRANCESCO AIELLO, Respondent

BEFORE: M. D. Faieta J.

COUNSEL: Courtney G. Hughes, for the Applicant Robert Mignardi, for the Respondent Frank Mendicino, for the Non-Party, Melina Aiello

HEARD: March 30, 2023

ENDORSEMENT

faieta J.

[1] The Applicant brings this motion for financial disclosure from the Respondent and his mother, Melina Aiello, a non-party.

[2] The Applicant states that the parties separated on July 15, 2021, although the Respondent states that they did not separate until about one year later. The disclosure that has slowly emerged in this case shows that the Respondent admits that he has transferred more than $1.5 million to his mother, the non-party, Melina Aiello, just prior to their separation during the 15-month period from April 9, 2020 to July 16, 2021.

[3] The Applicant submits that the Respondent transferred $1.5 million to his mother for the purpose of defeating her claim for support and equalization of net family property under the Family Law Act. If so, each of those transfers might be viewed as a fraudulent conveyance: See Iacobelli v. Iacobelli, 2020 ONSC 3625. Those transfers could also lead a court to conclude that there should be an unequal division of net family property pursuant to s. 5(6)(d) of the Family Law Act on the basis that the Respondent has intentionally depleted his net family property: See Wraich v. Wraich, 2015 ONSC 2217,

[4] The Respondent’s income is derived from at least two business operations: 1) Green Leaf Maintenance and Landscaping Inc. (“Green Leaf); and 2) three rental properties in Toronto that he has owned for many years. Since 2004, Green Leaf has been solely owned by the Respondent’s mother and the Respondent has been the sole officer and director of owned by his mother. His mother admits that the Respondent is Green Leaf’s sole directing mind. Although the Respondent states that he is an employee of Green Leaf, there is no evidence that a T4 slip has ever been issued to him. The Respondent’s mother denies that the Respondent is an employee. Instead, the Respondent and his mother states that the company pays the Respondent about $110,000 each year to cover his personal expenses. The CRA’s Notices of Assessment for the last three years show Line 15000 amounts that are generally far less. In respect of his rental properties, the Respondent states these properties produce little income once mortgage, property tax and maintenance expenses are paid. A copy of the Respondent’s income tax returns, and the income and expense statements for his rental property business that were presumably attached to those tax returns, were not filed with the court.

[5] For reasons described below, I find that the actions of the Respondent justify the orders for further disclosure sought by the Applicant.

Background

[6] The Applicant is 43 years old and the Respondent is 53 years old. The parties have two children: a daughter, FA, age 12, and a son, BA, age 10.

[7] The parties live separate and apart in the matrimonial home. The Applicant states that the parties had been married almost 12 years when they separated on July 15, 2021. The Respondent alleges that the parties separated on August 9, 2022. Regardless of which date of separation is chosen, it is alleged that the matrimonial home had a value of more than $3 million at the date of separation.

[8] There is no dispute that the parties briefly separated in 2016. They attended marriage counselling and continued with their marriage. The Applicant believes that the Respondent and his mother have been conspiring against her in an effort to defeat any claim that she has for support and equalization of net family property.

[9] This Application was commenced in August 2021. The Applicant was a stay-at-home mom and was primarily responsible for caring for the children. Amongst other things, the Applicant claims child support, spousal support and equalization of net family property. In her Application, the Applicant states that the Respondent owns a landscape business. She states:

The Respondent is the operating and directing mind and key man of an incorporated business known as Greenleaf Maintenance and Landscaping Inc. He has worked in this business since he was 17 years of age. The business was inherited from his father. The Applicant is unaware of the details as the Applicant is secretive about his financial affairs. The Respondent also owns rental income properties located at 3085 Bloor Street West, 64 Fairview Avenue and 574 Willard Avenue Toronto. Again, the Applicant is unaware of the nature and extent of the value or income from these properties. The Respondent has also alluded that he has other financial interests including money lending and other activities, some of which may be less than savory.

[10] There were difficulties in serving the Respondent with this Application. On August 22, 2022, Horkins J. granted an Order deeming that the Respondent had been served with the Application on July 6, 2022 by email.

[11] On October 12, 2022, the Respondent delivered an Answer and his first Financial Statement. In his Answer, the Respondent denies that he owns Green Leaf but does not deny that he is the operating and directing mind of Green Leaf. He responds to the Applicant’s allegations regarding his income as follows:

Contrary to my Wife’s suggestion, I do not own the maintenance and landscaping business where I work. Green Leaf Landscaping & Maintenance Ltd. is a landscaping company started by my parents in 1981. Both my father and mother were the sole equal shareholders of the company. My father passed away in 2019. His shares in the company were transferred to my mother pursuant to his Will. I became involved with the company on a full-time basis when I was 21 years old. I have never received a regular salary from the company in exchange for my services throughout the marriage. Instead, the company would pay for my expenses from time to time during the year. The company suffered significant financial losses over the recent two years as a result of the Covid pandemic. Currently, the size and profitability of the business is in decline. If matters do not improve in the short term, the business will likely be wound down and operations will be ceased.’

I own a number of rental properties. Most of the rental receipts are used to pay for expenses related to the properties, such as mortgage, taxes and maintenance.

I have no idea what my Wife is referring to in the Application, in which she alleges I am involved in “money lending” and other “less than savory” activities. This is the first time an allegation of this sort has been made against me by my Wife.

Full particulars of my income and expenses are set out in my financial statement filed in this case.

[12] The Respondent’s Financial Statement dated October 11, 2022 shows that the Respondent had about $2.8 million in bank savings and mutual fund accounts at the date of marriage and largely fails to provide the value of these accounts as at the valuation date or their current value. However, the Financial Statement does state:

• The Respondent is employed by Green Leaf.

• The Respondent does not disclose an interest in an unincorporated or incorporated business.

• The Canada Revenue Agency (“CRA”)’s Notice of Assessment shows that, in 2019, the Respondent’s Line 15000 income was $56,602;

• The CRA’s Notice of Assessment shows that, in 2020, the Respondent’s Line 15000 income was $93,457;

• The CRA’s Notice of Assessment shows that, in 2021, the Respondent’s Line 15000 income was -$3,677.99;

• His monthly expenses are $15,820.00 ($189,840 per year).

• The Respondent is the sole owner of three rental properties with a total current value of $4,430,000.00. The Respondent owned two of the rental properties at the date of marriage (3085 Bloor Street West, Toronto and 64 Fairview Avenue, Toronto). He states that those properties had a value of $1.925 million at the date of marriage (August 15, 2009) and a current value of $2.76 million, During the marriage, in 2013, the Respondent purchased a property at 574 Willard Avenue, Toronto which he states has a current value of $1,850,000.00. There was no mortgage on this property at the date of separation.

• The parties jointly own the matrimonial home. The Respondent’s half interest has a value of $1,625,000.00.

• The Respondent had about $2.8 million in bank savings and mutual fund accounts at the date of marriage and largely fails to provide the value of those accounts as at the valuation date or currently.

• The value of the Respondent’s net family property is NIL.

[13] Curiously, although the Respondent states in his Financial Statements that he is an employee of Green Leaf, the Respondent also states that he earns no employment income. A letter dated October 11, 2022 from Melina Aiello, President, Green Leaf, states that Green Leaf has “provided Frank Aiello with approximately $111,000.00 in payments towards personal expenses from January 1, 2022 to date”. [Emphasis added]

[14] There is at least one inaccuracy in the letter dated October 11, 2022 as the Respondent, not Melina Aiello, was Green Leaf’s President at the time that the letter was signed. In fact, corporate records show that since June 2004 the Respondent has been Green Leaf’s President since June 2004 and that Melina Aiello has not been an officer or director of the company.

[15] Further, if the Respondent is an employee of Green Leaf, then Green Leaf has an obligation to file a T4 slip for any remuneration paid to an employee: See RC4120 Employers' Guide - Filing the T4 slip and Summary: See https://www.canada.ca/en/revenue-agency/services/forms-publications/publications/rc4120.html A copy of the Respondent’s Income Tax Returns for 2019-2021 were not filed with the Court. If the Respondent was not issued a T4 slip it is unknown how these personal expense payments have been characterized by the Green Leaf and Respondent to the CRA, if at all.

[16] In response to this Financial Statement, on October 19, 2022, the Applicant delivered the following Request for Information.

1. Copies of all personal bank account statements in your name from January 1, 2016, to the present.

2. An accounting of the $1,670,000 mortgage taken on the 64 Fairview Avenue High Park, Toronto, ON M6P 3A4 on May 12, 2020.

3. A list of all the funds transferred to your mother since 2016.

Greenleaf Landscaping

4. Brief description of the company’s history and operations, including date of incorporation; See attached corporate search listing you as the Director of this company.

5. Financial statements for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

6. Federal and provincial corporation income tax returns for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021, including all schedules attached thereto;

7. Notices of assessment (and reassessment if applicable) for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

8. Balance of the capital dividend account as at September 22, 2019;

9. Detailed general ledgers for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

10. Trial balance (grouping sheets) for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

11. Adjusting journal entries for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

12. Bank account statements (and cancelled cheques) for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

13. Access to the external accountant/auditor for the company.

[17] At a case conference held on October 19, 2022, Sharma J. ordered the following disclosure:

By October 28, 2022, the Respondent shall provide an updated Financial Statements which shall include information from all his bank accounts.

By November 4, 2022, parties shall exchange Requests for Information, or update any Request for Information that has already been served.

By December 9, 2022, the parties shall exercise best efforts to provide complete answers within a sworn statement to the opposing party’s Request for Information. Where information is not provided or available, the sworn response to the Request for Information shall explain why the information is not provided or what steps have been taken to obtain the information.

[18] Sharma J. also granted the Applicant leave to bring a motion for interim disbursements on November 22, 2022 and leave to bring a motion for third party disclosure on December 13, 2022. He ordered that the parties shall seek to avoid the motion for third party disclosure by providing as much disclosure within their control in response to the RFI. Finally, Sharma J. ordered, on a temporary and without prejudice basis, that the Respondent shall not transfer, sell, encumber or otherwise dissipate any of his real property.

[19] The Respondent’s second Financial Statement, dated October 28, 2022, provides figures for the value and debts of rental properties owned on the date of marriage. More significantly, it shows that the Respondent had depleted and closed most of his bank and mutual fund accounts prior to the valuation date. At the date of marriage, these particular accounts had a value of $2,541,000.00.

[20] On October 31, 2022, the Respondent delivered a Certificate of Financial Disclosure that provided the Applicant with the following documents:

• TD Canada Trust statement for account #****533252 for the period of June 30, 2021 to July 30, 2021;

• RBC statement for account #****7601727 for the period of July 2 to August 2, 2021;

• BMO Investorline statement for account #****9032 for the period of July 1 to July 31, 2021;

• Meridian statement for account #4443826 for the months of July and August, 2021;

• RBC statement for account #****5020037 for the period of July 2 to August 2, 2021;

• Scotiabank Total Equity Plan statement for mortgage #2750047 and line of credit #****537500 as of December 31, 2021;

• Meridian mortgage transaction history for account #4443826 for the period of July 1 to July 31, 2021;

• BMO mortgage/line of credit statement account #****3944 932 re 64 Fairview Avenue, Toronto as of July 18, 2021;

• RBC Visa statement for account #****9902/5412 (currently #****6375) for the period of July 6 to August 4, 2021;

• TD Visa statement for account #****3754 (currently #****2244) for the period of July 6 to August 4, 2021;

• RBC Visa statement for account #4463 for the period of June 29 to July 26, 2021;

[21] Pursuant to the Order of Sharma J. each party delivered a Request for Information in early November 2022.

[22] The Applicant delivered a RFI dated November 2, 2022. It requests:

1. Copies of all personal bank account statements in your name from January 1, 2016, to the present.

2. An accounting of the $1,670,000 mortgage taken on the 64 Fairview Avenue High Park, Toronto, ON M6P 3A4 on May 12, 2020.

3. A list of all the funds transferred to your mother since 2016.

4. An accounting/tracing with proof as to where the funds for all the closed mutual funds and investment accounts listed on the Financial Statement sworn October 28, 2022, went before the accounts were closed.

5. Copies of all leases for any and all properties in your name.

6. An accounting of the Line of Credit secured against the Matrimonial Home.

Greenleaf Landscaping

7. Brief description of the company’s history and operations, including date of incorporation; See attached corporate search listing you as the Director of this company.

8. Financial statements for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

9. Federal and provincial corporation income tax returns for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021, including all schedules attached thereto;

10. Notices of assessment (and reassessment if applicable) for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

11. Balance of the capital dividend account as at September 22, 2019;

12. Detailed general ledgers for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

13. Trial balance (grouping sheets) for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

14. Adjusting journal entries for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

15. Bank account statements (and cancelled cheques) for the fiscal years 2016, 2017, 2018, 2019, 2020 and 2021;

16. Access to the external accountant/auditor for the company.

17. Copies off all the quick book files for the company from 2015 to the present.

[23] The Respondent delivered a RFI, dated November 4, 2022, with 86 line items of requests including requests for all monthly bank statements and credit card statements from January 1, 2018 to the present.

[24] On December 2, 2022, Pinto J. granted the Applicant the sum of $40,000.00 in interim disbursements. Pinto J. rejected the Applicant’s submission that he had no liquid assets to pay for interim disbursements and found that he could use a Scotiabank credit facility that provides him with the ability to borrow a further $282,000.00. The amount of interim disbursements was to cover the legal expenses related to preparing for and attending the within disbursements motion, preparing the Applicant’s answers to the respondent’s RFI dated December 9, 2022, reviewing and following upon on the Respondent’s answers to the Applicant’s RFI, preparing for and attending the third party disclosure motion and/or a motion seeking disclosure from the Respondent; and preparing for and attending questioning.

[25] Pinto J. ordered that the Respondent pay $20,000 in interim disbursements to the Applicant within 7 days and the remaining balance by December 30, 2022. At the hearing of this motion, the Respondent had not complied with this Order as he had not paid any amount to the Applicant. The Respondent appealed the Order of Pinto J. to the Ontario Court of Appeal but then, in February 2023, the Respondent withdrew his appeal and agreed to comply with the Order immediately. He failed to do so. An affidavit prepared by a law clerk, Neeto Mahato, sworn March 23, 2023 provides double hearsay evidence from the Respondent which states that an unnamed bank representative told the Respondent that the bank required the Applicant’s signature before the $40,000 in funds could be released from their joint line of credit. I pause to remind counsel for the Respondent that Rule 14(18) of the Family Law Rules requires that an affidavit for use on a motion shall, as much as possible, contain only information within the personal knowledge of the person signing the affidavit. Further, Rule 14(19) specifies the limited circumstances in which an affidavit can contain information obtained from another person and requires that the source be named. This affidavit contains a mixture of double hearsay, hearsay and argument – none of which are helpful: Berta v. Berta, 2021 ONSC 605, para 26. In any event, there is no need for the Respondent to rely on a line of credit in order to comply with Pinto J.’s Order. The Respondent’s Financial Statement, sworn January 30, 2023, shows that he had, as of that date, $34,071.32 in a TD bank account, $3,727.52 in a RBC bank account, $93,959.00 in a TFSA account and $7,823.26 in a BMO Investorline account. At the hearing of the within motion, the Respondent undertook to make the $40,000 payment of interim disbursements on that same day.

[26] On December 9, 2022, the Respondent delivered an affidavit in response to the Applicant’s RFI dated November 2, 2022, which amongst other things, provides:

• Item 1 – The Respondent delivered bank statements for RBC account *1727 (held jointly with his mother Melina Aiello) and bank statements for TD account * 3252 for the period January 1, 2016 to present.

• Item 2 – The Respondent states that he refinanced 64 Fairview Avenue, Toronto in May 2020 and between January 14, 2021 and October 25, 2022 he has used the BMO line of credit to repay loans to Green Leaf, pay for the children’s tuition, install a pool at the matrimonial home. The Respondent apparently transferred $903,000.00 from the line of credit to Green Leaf.

• Item 3 – In response to the request for a description of all funds that he has transferred to his mother since 2016, the Respondent states that, from April 9, 2020 to July 16, 2021, he has made five transfers of funds to his mother, Melina Aiello, in the total amount of $1,584,624.60.

• Item 4 – In response to the request for proof as to where the funds for all the closed mutual funds and investment accounts listed on the Financial Statement sworn October 28, 2022, went before the accounts were closed, the Respondent states that he transferred the funds from:

a) Three, now closed, RBC accounts to his mother, Melina Aiello, on or about November 19, 2020.

b) Various, now closed, accounts with Scotiabank Mutual Funds, Dundee Wealth Management and Newport Wealth Management, were transferred to his Scotiabank account in 2009 and 2010 and those funds were used to purchase the matrimonial home in 2011.

• Item 5 – The Respondent provided various lease agreements for 3085 Bloor, 64 Fairview, and 574 Willard Avenue.

• Item 6 – The Respondent stated that the Applicant has the ability to directly obtain the statements related to the joint line of credit against the matrimonial home.

• Item 7 – The Respondent describes Green Leaf as a failing business. He states:

Green Leaf … was incorporated on February 9, 1987 by my parents Joe and Melina Aiello. Green Leaf is a maintenance service company. It does lawnmowing, bush pruning and snowplowing. In the 1990’s through to 2010, Green Leaf had approximately 25 commercial clients and 10 employees. My father passed away on January 9, 2019. Pursuant to my father’s Will, he bequeathed his shares in Green Leaf to my mother. Green Leaf is still operational but has endured a serious decline in revenue over the past 5 years, especially due to COVID-19. Green Leaf currently has 7 commercial clients and 2 employees.

• Items 8 – 17 – The Respondent refused to provide the requested documents. He states that his mother, Melina Aiello, has told him that she will provide reasonable financial disclosure related to Green Leaf if the Applicant and her counsel sign a Confidentiality Agreement in the required form and if the Applicant agrees to pay for any reasonable accounting expenses incurred by Green Leaf relating to the production of this financial disclosure.

[27] The Applicant delivered a further RFI dated December 13, 2022 asking for:

1. Copies of all personal bank account statements in your name for 2015.

2. Greenleaf Landscaping Bank account statements (and cancelled cheques) for the 2015 fiscal year

3. A copy of the Respondent’s Father (Giuseppe “Joe” Aiello born on March 27, 1943) Will.

[28] The Applicant delivered a further RFI on December 19, 2022, requesting copies of all personal credit card statements held solely or jointly from January 1, 2015, to present.

[29] On January 26, 2023, the Applicant brought a motion for the following disclosure order:

1. An Order that the Respondent provide within 20 days the outstanding financial disclosure as follows:

2. Bank Statements from January 2016-Present:

i. RBC RRSP Account #9490

ii. RBC RRSP Account #488-19439-1-6 KPV

iii. RBC TFSA Account #794-06520-1-4 KVP

iv. RBC Mutual Funds Account #5127 (closed in 2018)

v. RBC Mutual Funds Account #5101 (closed in 2015)

vi. RBC Mutual Funds Account #4473 (closed in December 2020)

vii. Scotiabank Mutual Funds Account #4310 (Closed)

viii. Dundee Wealth Management Account #364E (Closed)

ix. Newport Wealth Management Account #T58A (Closed)

x. BMO Investments Account #9032

xi. Meridian Account #4443826

xii. RBC Account #5020037

xiii. Scotiabank Joint LOC #537 500

xiv. BMO LOC

2. An accounting/tracing with proof as to where the funds for all the closed mutual funds and investment accounts listed on the Financial Statement sworn October 28, 2022, went before the accounts were closed.

3. An accounting of the Line of Credit secured against the Matrimonial Home.

4. Copies of all personal bank account statements in your name for 2015.

5. Greenleaf Landscaping Bank account statements (and cancelled cheques) for the 2015 fiscal year

6. A copy of the Respondent’s Father (Giuseppe “Joe” Aiello born on March 27, 1943) Will.

7. Copies of all personal credit card statements held solely or jointly from January 1, 2015, to present.

8. An Order that the Respondent’s Mother, Melina Aiello produce all her personal bank statements, including credit card statements in her name or held jointly with the Respondent/Father, from 2015 until the present within 30 days.

9. An Order that the Respondent’s Mother produce all her personal and corporate bank statements for Greenleaf Landscaping, since 2015 to the present as follows:

Personal re. Melina Aiello

1. All personal bank statements including credit card statements held in your name or held jointly with the Respondent/Father, Frank Aiello from 2015 until the present

Greenleaf Landscaping

1. Brief description of the company’s history and operations, including date of incorporation; See attached corporate search listing you as the Director of this company.

2. Financial statements for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021;

3. Federal and provincial corporation income tax returns for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021, including all schedules attached thereto;

4. Notices of assessment (and reassessment if applicable) for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021;

5. Balance of the capital dividend account as at September 22, 2019;

6. Detailed general ledgers for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021;

7. Trial balance (grouping sheets) for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021;

8. Adjusting journal entries for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021;

9. Bank account statements (and cancelled cheques) for the fiscal years 2015, 2016, 2017, 2018, 2019, 2020 and 2021;

10. Access to the external accountant/auditor for the company.

11. Copies off all the quick book files for the company from 2015 to the present.

[30] The parties agreed to adjourn the January 26, 2022 disclosure motion. The Order, issued by Black J., provides that:

1. The motion, in its entirety, scheduled for January 26, 2023, shall be adjourned to February 23, 2023.

2. The Respondent shall provide the disclosure, or make best efforts to provide the financial disclosure, described below, to the Applicant by February 13, 2023:

3. Bank Statements for the following accounts:

i. RBC RRSP Account #488-19439-1-6 KPV: the Respondent shall request copies of the statements for this account from the bank for the period from January 1, 2019 to the present date and produce them to the Applicant.

ii. RBC TFSA Account #794-06520-1-4 KVP: the Respondent shall request copies of the statements for this account from the bank for the period from January 1, 2019 to the present date and produce them to the Applicant.

iii. RBC Mutual Funds Account #5127: the Respondent shall request copies of the statements from the bank for this account for the period from January 1, 2017 until the account was closed in 2018.

iv. RBC Mutual Funds Account #4473: the Respondent shall request copies of the statements from the bank for this account for the period from January 1, 2019 to the present date and produce them to the Applicant.

v. BMO Investments Account #9032: the Respondent shall request copies of the statements from the bank for this account for the period from January 1, 2019 to the present date and produce them to the Applicant.

vi. Meridian Account #4443826: the Respondent shall request copies of the statements from the bank for this account for the period from January 1, 2019 to the present date and produce them to the Applicant.

vii. BMO LOC: the Respondent shall request copies of the statements from the bank for this account for the period from May 1, 2020 to the present date and produce them to the Applicant.

2. An accounting for the closed mutual fund accounts and investment accounts: upon receiving details as to the type of accounting requested by the Applicant, the Respondent will use his best efforts to provide the disclosure requested.

3. An accounting of the joint line of credit secured against the Matrimonial Home: In the event the Applicant provides specific details and particulars of the accounting requested, the Respondent will use his best efforts to produce such disclosure.

4. Copies of all personal bank account statements in your name for 2015: the Respondent shall write to TD Bank, BMO and Scotia Bank or any other banks he may believe held accounts in his name and request a letter confirming what accounts or investments were held by the bank in 2015 either in his name or joint with others, and produce the letters to the Applicant.

5. Copies of all credit card statements for the period from January 1, 2015: the Respondent shall write to each of the credit card companies and request copies of his credit card statements for each account for the period from January 1, 2019 to the present date and produce them to the Applicant.

6. Counsel for Melina Aiello shall be permitted to file a Case Conference brief and attend at the Case Conference scheduled for February 3, 2023, to address the disclosure sought from Melina Aiello. ….

[31] In his Endorsement, Black J. indicated that costs of the motion were reserved to the judge hearing the motion on February 23, 2023.

[32] In his third Financial Statement, dated January 30, 2023, the Respondent reduced a date of marriage deduction by $1 million in respect of one of his mutual fund accounts. This change had the effect of increasing his net family property. The Respondent further states that he purchased a 2022 Lamborghini post-separation with an unidentified line of credit and that this automobile has a current value of $175,000.00. The Respondent’s Financial Statement only shows two lines of credit whose balances, in total, have increased less than $1,000 since the valuation date. Perhaps there is another line of credit which is not shown on the Respondent’s third Financial Statement or a better explanation of the origin of the funds that were used to purchase his Lamborghini. Further, the Respondent does not list the legal expense related to this proceeding as an expense. Regardless of whether this personal expense is being paid by the Green Leaf, as is the case with his other personal expenses, this expense should be described in his financial statement.

[33] A summary of the main elements of the Respondent’s financial statements is shown below:

	FS October 11, 2022	FS October 28, 2022	FS January 30, 2023
Total Annual Income	$107,322.00	$107,322.00	$107,322.00
Expenses	$189,840.00	$189,840.00	$189,840.00
Value of Rental Properties at Date of Valuation	$4,430,000	$4,430,000	$4,430,000
Value of One-Half Interest in Matrimonial Home	$1,625,000	$1,625,000	$1,625,000
Bank and Investment Accounts at Date of Marriage	$2,820,000.00	$2,820,000.00	$1,706,908.04
Bank and Investment Accounts at the Valuation Date	$297,547.42	$348,005.81	$348,005.81
Debts at Date of Marriage on Rental Properties Owned at Date of Marriage (August 15, 2009)	$93,000 (Bloor) $114,000 (Fairview)	$93,000 (Bloor) $114,000 (Fairview)	$93,000 (Bloor) $114,000 (Fairview)
Debts on Valuation Date on Rental Properties Owned at Date of Marriage	TBP (Bloor) TBP (Fairview) TBP (Willard)	$331,342.80 (Bloor) $641,498.01 (Fairview) $250,587.91 LOC (Fairview)	$331,342.80 (Bloor) $641,498.01 (Fairview) $250,587.91 LOC (Fairview)
Debt on Matrimonial Home at Valuation Date (Respondent’s One-Half Share)	Total: $198,916.38	Total: $552,177.67	Total: $552,177.67
Credit Cards at Valuation Date	$16,584 plus TBP	$17,377.01	$17,377.01
Loan to Respondent from Green Leaf	Not mentioned	Not mentioned	TBD
Net Family Property	NIL	NIL	$876,067.76

[34] At a Case Conference held on February 3, 2023, the Respondent asserted that the date of separation was May 9, 2022 rather than July 15, 2021 as asserted by the Applicant. Kristjanson J. made various orders including the following:

• The Applicant has leave to bring a motion for interim spousal support as well as the return of the interim disbursements issue;

• The Applicant has 45 days from receipt of the disclosure ordered on the disclosure motion (if successful), or the endorsement on the disclosure motion (if unsuccessful) to amend her Application. The Respondent has 21 days from receipt of the amended Application to amend his Answer. If a new respondent is added that party has 30 days to file an Answer. The mother may serve a Reply in accordance with the Rules. All amendments must be completed prior to questioning.

• Leave to conduct questioning within 60 days of the amendment of the pleadings (1/2 day each)

• The Respondent’s expert report income analysis for two years prior to separation, and post-separation (2019-2021) is be completed by May 31, 2023.

• The Respondent’s real estate appraisal reports to be completed by May 31, 2023.

• The Net Family Property statements are to be completed for both dates of separation, July 15, 2021 and August 9, 2022. Within 60 days the parties are to produce all evidence of assets and liabilities claimed on the NFP for both dates of separation and shall deliver their updated NFPs for both separation dates.

• The parties are to produce all evidence upon which they will rely at trial for their respective dates of separation within 60 days (must be prior to questioning).

• If the endorsements and/or productions from the disclosure motion, or the second disbursement motion, are delayed more than one month, or the Respondent’s expert reports are delayed, this schedule may require adjustment.

[35] The affidavit of the Respondent’s mother, Melina Aiello, sworn February 9, 2023, states that, in June 2004, she and her late husband resigned as an officer of Green Leaf. At that time the Respondent became an officer and director of Green Leaf and has remained its sole officer and director. Upon her husband’s passing, Melina Aiello became Green Leaf’s sole shareholder. She further states:

My son is a Director of my company. Frank overseen the day to day running of the company. Frank is not an employee of the company; however, the company compensates Frank by paying some of his personal expenses; for example, the company has been paying the leases for two of his family vehicles. Frank has received annually approximately between $105,000.00 to $115,000.00. If Frank has received additional funds as loans, he has repaid those loans.

I am not aware that we have signed any loan documents as between Frank and me on behalf of the Company. Any loans would have been made informally between immediate family members. [Emphasis added]

[36] On February 17, 2023, the Respondent delivered a financial disclosure brief consisting of 1,004 pages to the Applicant that consisted of:

Documents	Dates
RBC RRSP Account #488-19439-1-6 KVP	January 31, 2019-December 31, 2021
RBC TFSA Account #794-06520-1-4 KVP	January 31, 2019-December 31, 2021
RBC Mutual Funds Account #5127	January 31, 2017-December 31, 2017
RBC Funds Account #4473	January 31, 2019-December 31, 2020
BMO Investments Account #9032	January 31, 2019-December 31, 2022
Meridian Investments Account #4443826	January 19, 2023
BMO LOC Account #4932	August 18, 2020 – January 18, 2022
Letter, Authorization and Direction to BMO, CIBC, RBC, Scotiabank and TD	February 7, 2023
Copies of Credit Card Statements	December 28, 2018 – January 18, 2023
Signature RBC Rewards VISA	2019-2022
RBC Rewards VISA Preferred	December 19, 2018 – 20 January 18, 2023
TD Green VISA	February 4, 2019 – January 4, 2023
RBC Avion VISA Infinite	December 19, 2018 – January 18, 2023

[37] In light of this disclosure, the February 23, 2023 disclosure motion was adjourned to March 30, 2023.

ISSUE #1: SHOULD THE RESPONDENT BE REQUIRED TO MAKE FURTHER FINANCIAL DISCLOSURE?

[38] The Applicant seeks the following order against the Respondent:

1. The Respondent shall deliver statements in respect of the following accounts for the period April 1, 2016 to the present:

i. RBC RRSP Account #9490

ii. RBC RRSP Account #488-19439-1-6 KPV

iii. RBC TFSA Account #794-06520-1-4 KVP

iv. RBC Mutual Funds Account #5127

v. RBC Mutual Funds Account #5101

vi. RBC Mutual Funds Account #4473

vii. Scotiabank Mutual Funds Account #4310

viii. Dundee Wealth Management Account #364E

ix. Newport Wealth Management Account #T58A

x. BMO Investments Account #9032

xi. Meridian Account #4443826

xii. RBC Account #5020037

xiii. Scotiabank Joint LOC #537 500

xiv. BMO LOC

2. Copies of all personal bank account statements in your name and not listed above, including credit card statements from April 1, 2016, to the present.

3. An accounting/tracing with proof as to where the funds for all the closed mutual funds and investment accounts listed on the Financial Statement sworn October 28, 2022.

4. An accounting of the Line of Credit secured against the Matrimonial Home.

5. Greenleaf Landscaping Bank account statements (and cancelled cheques) for the April 1, 2016 to the present.

[39] The Applicant’s position is that the Respondent began to arrange his financial affairs in 2016 after their first period of separation in order to defeat her claims for support and equalization of net family property. The Applicant’s assertion that both parties consulted with divorce lawyers at that time is not challenged by the Respondent.

[40] The Respondent submits that ample disclosure has been provided. He states that the Applicant is using disclosure as a “weapon” and that the extent of disclosure sought is disproportionate to the issues. He submits that questioning should be held instead.

Analysis

[41] The obligation to make full and frank financial disclosure in a family law proceeding is an immediate and ongoing obligation: Manchanda v. Thethi, 2016 ONCA 909, at para. 13. Payors of support are subject to "a duty of full and honest disclosure": Michel v. Graydon, 2020 SCC 24, para. 33; Colucci v. Colucci, 2021 SCC 24, para. 42.

[42] In Leskun v. Leskun, 2006 SCC 25, at para. 34, the Supreme Court of Canada approved the following statement:

Non-disclosure of assets is the cancer of matrimonial property litigation. It discourages settlement or promotes settlement which are inadequate. It increases the time and expense of litigation. The prolonged stress of unnecessary battle may lead weary and drained women simply to give up and walk away with only a share of the assets they know about, taking with them the bitter aftertaste of a reasonably-based suspicion that justice was not done.

[43] Non-disclosure, and the resolution of support and equalization claims, becomes complex with the involvement of a parent that hides their child’s assets and income. In Leitch v.Novac, 2020 ONCA 257, Hourigan, J.A. stated, at paras. 44-45:

44 As the Supreme Court suggested in Leskun v. Leskun, 2006 SCC 25, [2006] 1 S.C.R. 920 (S.C.C.), at para. 34, nondisclosure is the cancer of family law. This is an apt metaphor. Nondisclosure metastasizes and impacts all participants in the family law process. Lawyers for recipients cannot adequately advise their clients, while lawyers for payors become unwitting participants in a fraud on the court. Judges cannot correctly guide the parties to a fair resolution at family law conferences and cannot make a proper decision at trial. Payees are forced to accept an arbitrary amount of support unilaterally determined by the payor. Children must make do with less. All this to avoid legal obligations, which have been calculated to be a fair quantification of the payor's required financial contribution. In sum, nondisclosure is antithetical to the policy animating the family law regime and to the processes that have been carefully designed to achieve those policy goals.

45 There is a related malady that often works hand-in-hand with nondisclosure to deny justice in family law proceedings. The problem is what I will call "invisible litigants." These are family members or friends of a family law litigant who insert themselves into the litigation process. They go beyond providing emotional support during a difficult time to become active participants in the litigation. Usually their intentions are good, and their interference makes no difference in the ultimate result. However, sometimes they introduce or reinforce a win-at-all-costs litigation mentality. These invisible litigants are willing to break both the spirit and letter of the family law legislation to achieve their desired result, including by facilitating the deliberate hiding of assets or income.

[44] Any demands for financial disclosure beyond the specific items that are required to be produced under the Child Support Guidelines and the Family Law Rules must be relevant and proportional to the issues in the case: Mawhinney v. Ferreira, 2023 ONSC 1357, at para. 12. In weighing whether a request for disclosure is proportional, consideration should be given to the burden that the request places on the disclosing party in terms of time and expense of producing the requested disclosure: Kovachis v. Kovachis, 2013 ONCA 663, at para. 34. Also see Boyd v. Fields, [2006] O.J. No. 5762, at paras. 11-14.

[45] In relation to the Applicant’s request for disclosure of Greenleaf’s bank account statements and cancelled cheques for April 1, 2016 to the present, I find that there are several reasons why the Respondent should make the requested disclosure.

[46] First, he and his mother take inconsistent positions regarding his control of Green Leaf. In his affidavit December 9, 2022, he states that he was “… informed by [his mother] that the company will provide reasonable financial disclosure relating to Green Leaf provided that the Applicant and her counsel enter into a Confidentiality Agreement … and the Applicant pays for any reasonable accounting expenses incurred by Green Leaf relating to the production of the disclosure”. However, the Respondent and his mother also state that the Respondent is the sole officer and director of the company. The Respondent has the authority to make disclosure decisions for the company and there is no basis for the suggestion that such decisions rests with his mother.

[47] Second, in asking for a confidentiality agreement and reimbursement of expenses in making disclosure, the Respondent raises inappropriate roadblocks. He has obligation to provide such disclosure particularly given his control of the company, the fact that although he is an employee of the company, the company which he controls does not issue a T4 slip to him, and my view, at this point, that his Line 15000 income likely does not reflect all the money available to the Respondent to pay support. These are relevant considerations on this disclosure motion given sections 18 and 19 of the Child Support Guidelines as the Respondent’s obligation to make financial disclosure arises not only under the Family Law Rules but also under the Child Support Guidelines.

[48] The Respondent has been slow to comply with some of his obligation under section 21(2) of the Child Support Guidelines and has failed to comply with other obligations (such as s. 21(2)(f)). Section 21(2) of the Child Support Guidelines requires a person who is served with an application for child support, such as the Respondent, to deliver the following information within 30 days of being served with the Application:

(a) a copy of every personal income tax return filed by the spouse for each of the three most recent taxation years;

(b) a copy of every notice of assessment and re-assessment issued to the spouse for each of the three most recent taxation years;

(c) where the spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the spouse's employer setting out that information including the spouse's rate of annual salary or remuneration;

(d) where the spouse is self-employed, for the three most recent taxation years

(i) the financial statements of the spouse's business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the spouse does not deal at arm's length;

(e) where the spouse is a partner in a partnership, confirmation of the spouse's income and draw from, and capital in, the partnership for its three most recent taxation years;

(f) where the spouse controls a corporation, for its three most recent taxation years

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm's length;

(g) where the spouse is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust's three most recent financial statements; and

(h) in addition to any income information that must be included under paragraphs (c) to (g), where the spouse receives income from employment insurance, social assistance, a pension, workers compensation, disability payments or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the appropriate authority stating the required information. [Emphasis added]

[49] Although it has not been specifically requested on this motion by the Applicant, I direct the Respondent to comply with section 21(2)(f) of the Child Support Guidelines within 30 days.

[50] Third, in his third and latest Financial Statement the Respondent, for the first time, states that Green Leaf has made “loans” to him of an unspecified amount at unspecified dates. In his December 9, 2022 affidavit, the Respondent states that between January 14, 2021 and October 25, 2022, “I/we have used the line of credit to repay loans to Green Leaf …”. There is no evidence of any loan agreements. The Respondent’s mother states that she is not aware of any loan agreements between the Respondent and Green Leaf. Although the Respondent’s mother states that “any loans would have been made informally between immediate family members”, the Respondent does not allege any such personal loans in any of his Financial Statements.

[51] In respect of the Applicant’s request for disclosure of documents going back to 2016, I find that there is good reason to do so. The Applicant’s evidence is that the Respondent told her repeatedly that she would receive nothing if she decided to separate from him. During their period of separation in 2016, each party sought advice from a divorce lawyer. Given that the Respondent transferred a total of about $1.5 million to his mother in 2020 and 2021 without providing an explanation for those transfers, the Applicant’s narrative that the purpose of such transfers were to defeat her claims for support and equalization of net family property is the only explanation that is before this court. In further support of this view, the Respondent increased the debt on most of his rental properties since 2016 and it is unclear what became of those funds.

[52] Given the odd approach to his remuneration by Green Leaf, the lack of detail regarding all payments made by Green Leaf to the Respondent, and the lack of detail regarding his rental property business income, I also find that there is good reason to believe that the Respondent’s income for support purposes may be grossly understated in light of his Line 15000 income that he has represented to the CRA.

[53] Despite the Applicant’s assertion that he has provided lots of disclosure, there is a great deal that remains unknown. Given all of the above circumstances I find that the Applicant’s request for the Respondent to produce the documents described above is relevant and proportional to the issues. To do otherwise, would amount to a denial of justice for the Applicant.

ISSUE #2: SHOULD THE RESPONDENT’S MOTHER BE REQUIRED TO MAKE FINANCIAL DISCLOSURE?

[54] The Respondent seeks the following Order against the non-party, Melina Aiello:

1. All personal bank statements held in your name or held jointly with the Respondent/Father, Frank Aiello from April 1, 2016, until the present.

2.. Bank account statements (and cancelled cheques) in relation to Greenleaf Landscaping for the fiscal years April 1, 2016 to the present.

[55] The Respondent’s mother submits that the requests are premature and that questioning should proceed prior to further disclosure.

Analysis

[56] Rule 19(11) of the Family Law Rules states:

(11) If a document is in a non-party’s control, or is available only to the non-party, and is not protected by a legal privilege, and it would be unfair to a party to go on with the case without the document, the court may, on motion with notice served on every party and served on the non-party by special service,

(a) order the non-party to let the party examine the document and to supply the party with a copy at the legal aid rate; and

(b) order that a copy be prepared and used for all purposes of the case instead of the original

[57] Rule 20(5) of the Family Law Rules states:

(5) The court may, on motion, order that a person (whether a party or not) be questioned by a party or disclose information by affidavit or by another method about any issue in the case, if the following conditions are met:

1. It would be unfair to the party who wants the questioning or disclosure to carry on with the case without it.

2. The information is not easily available by any other method.

3. The questioning or disclosure will not cause unacceptable delay or undue expense.

[58] The principles that govern a motion for disclosure from a non-party were described as follows by Madsen J. in Weber v. Merritt, 2018 ONSC 3086, paras. 29-38:

29 The onus on a motion for non-party disclosure and/or questioning is on the moving party. Ontario (Attorney General) v. Ballard Estate, 1995 3509 (ON CA), 1995 CarswellOnt 1332 (Ont. C.A.) at 16.

30 The starting point is to consider the context, and the purpose for which the Rule is invoked. Ireland v. Ireland, 2011 ONCA 623 (Ont. C.A. [In Chambers]) at 28.

31 The Court has held that the test under Rule 19(11) is an objective test which requires an analysis outside the litigant's belief system: "suspicion and conjecture will not suffice." See Santilli v. Piselli, 2010 CarswellOnt 3317 (Ont. S.C.J.) at paragraph 12. There is no reason that the test would not be the same under Rule 20(5).

32 In Ontario (Attorney General) v. Ballard Estate, supra at 15, in the context of the Rules of Civil Procedure, the Ontario Court of Appeal set out six factors to be considered by the Motions judge when faced with a motion for non-party disclosure:

a. The importance of the documents in the litigation;

b. Whether production at the discovery stage of the process as opposed to production at Trial is necessary to avoid unfairness to the Applicant;

c. Whether the discovery of the defendants with respect to the issues to which the documents are relevant is adequate and if not, whether the responsibility for that inadequacy rests with the defendants;

d. The position of the non-parties with respect to production;

e. The availability of the documents or their informational equivalent from some other source which is available to the moving party;

f. The relationship of the non-parties from whom production is sought, to the litigation and the parties to the litigation. Non-parties who have an interest in the subject matter of the litigation and whose interests are allied with the party opposing production should be more susceptible to a production order than a true "stranger" to the litigation.

33 Rule 20(5) has been held to be more permissive than the comparable Rule in the Rules of Civil Procedure, and to give judges more liberal and generous discretion. As noted by Justice Turnbull in Hagey-Holmes v. Hagey, 2005 CarswellOnt 2840 (Ont. S.C.J.) at 32:

That makes eminent sense when one considers that in matrimonial litigation, spouses and family members may be "used" to shield income or other assets that might be relevant in the assessment of spousal support, child support, or net family equalization issues.

34 So too in Loeb v. Loeb, 2013 CarswellOnt 3247 (Ont. S.C.J.) at 42, the Court noted that it is not uncommon in the family law context for family members and their businesses to align themselves to support and protect a family member defending a property or support claim.

35 At the same time, as set out in Boyd v. Fields, 2006 CarswellOnt 8675 (Ont. S.C.J.) at 12, as with all disclosure requests in the family law context, whether from parties or non-parties, while full and frank disclosure is a fundamental tenet of the Family Law Rules, "there is also an element of proportionality, common sense, and fairness built into these rules." Disclosure obligations must be assessed in light of Rule 2(3).

36 As stressed by Justice Kristjanson in Politis v. Politis, 2018 ONSC 323 (Ont. S.C.J.), in the family law context, the test for compelling third party disclosure set out in Ontario (Attorney General) v. Ballard Estate, supra, "must be supplemented to take into account two critical values, privacy and proportionality." She notes, in the context of new partners, that privacy interests of third parties must be carefully balanced against the interests of the parties in the proceeding.

37 Non-parties are generally protected from potentially intrusive, costly, and time-consuming processes of discovery except in circumstances specifically addressed by the Rules. See Santilli v. Piselli, supra. As Justice McGee noted therein at paragraph 13: "The discovery process must be kept within reasonable bounds."

38 There must be an evidentiary basis to show that the documents sought or the questioning requested is relevant. The request for disclosure from a non-party and the request for questioning should not amount to a fishing expedition. Campbell v. Wentzell, 2015 CarswellOnt 15086 (Ont. S.C.J.) at 47. Disclosure is not a weapon and is not intended to overreach. Saunders v. Saunders, 2015 CarswellOnt 2209 (Ont. S.C.J.) at para. 13.

[59] In my view the application of the test of “proportionality, common sense, and fairness” referred to by Perell J. in Boyd leads me to conclude that this aspect of the Applicant’s motion is premature. However, the involvement of the Respondent’s mother on this motion is not surprising given that the Respondent, in his affidavit sworn January 20, 2023, at paragraph 5, advanced the erroneous suggestion that the Applicant’s request for bank account statements (and cancelled cheques) in relation to Greenleaf Landscaping for the fiscal years April 1, 2016 to the present, was not within his control to decide but rather was within the control of his mother as she is the sole shareholder of the company. Whether the Respondent’s mother should be ordered to produce “bank account statements (and cancelled cheques) in relation to Greenleaf Landscaping for the fiscal years April 1, 2016 to the present” should await whether the Respondent produces this documents in accordance with this decision. Thus, rather than dismiss this request, I order that this aspect of the Applicant’s motion is adjourned sine die.

[60] In respect of the Applicant’s motion for an order that the Respondent’s mother disclose “all personal bank statements held in the Respondent mother’s name or held jointly by her with the Respondent from April 1, 2016, until the present”, the Respondent states in his affidavit sworn December 9, 2022, from April 9, 2020 to July 16, 2021, he has made five transfers of funds to his mother, Melina Aiello, in the total amount of $1,584,624.60. No explanation is given for this transfer by the Respondent nor by the Respondent’s mother in her subsequent affidavit sworn February 9, 2023. The Respondent’s mother submits that her “… privacy interests should outweigh the Applicant’s disclosure requests”. However, her privacy interests are now muted by the fact that prior to the parties’ separation she received about $1.5 million of family property particularly as no reason has been offered for these transfers by either the Respondent or his mother over the last three months to rebut the Applicant’s submission that these transfers were undertaken by the Respondent and his mother to defeat her equalization and support claims. In my view, questioning is premature and, if it is to occur, should await completion of disclosure.

ORDER

[61] Order to go as follows:

1. Within 30 days, the Respondent shall deliver statements in respect of the following accounts for the period April 1, 2016 to the present:

i. RBC RRSP Account #9490

ii. RBC RRSP Account #488-19439-1-6 KPV

iii. RBC TFSA Account #794-06520-1-4 KVP

iv. RBC Mutual Funds Account #5127

v. RBC Mutual Funds Account #5101

vi. RBC Mutual Funds Account #4473

vii. Scotiabank Mutual Funds Account #4310

viii. Dundee Wealth Management Account #364E

ix. Newport Wealth Management Account #T58A

x. BMO Investments Account #9032

xi. Meridian Account #4443826

xii. RBC Account #5020037

xiii. Scotiabank Joint LOC #537 500

xiv. BMO LOC

2. Within 30 days, the Respondent shall deliver copies of all personal bank account statements in your name and not listed above, including credit card statements from April 1, 2016, to the present.

3. Within 30 days, the Respondent shall deliver an accounting/tracing with proof as to where the funds for all the closed mutual funds and investment accounts listed on the Financial Statement sworn October 28, 2022.

4. Within 30 days, the Respondent shall deliver an accounting of the Line of Credit secured against the Matrimonial Home.

5. Within 30 days, the Respondent shall deliver the bank account statements (and cancelled cheques) for Green Leaf for the period from April 1, 2016, to the present.

6. Within 30 days, the Respondent shall, in respect of Green Leaf’s three most recent taxation years prior to July 15, 2021, provide the disclosure described in s. 21(2)(f) of the Child Support Guidelines.

7. Within 30 days, the non-party Melina Aiello shall deliver all personal bank statements held solely in her name or held jointly with the Respondent from April 1, 2016, to the present.

8. The Applicant’s motion for an order that the non-party, Melina Aiello, deliver all bank account statements (and cancelled cheques) in relation to Greenleaf Landscaping for the fiscal years April 1, 2016, to the present is adjourned sine die.

9. The Applicant’s motion for a further interim disbursements order and her motion for the partition and sale of the matrimonial home shall be heard on April 20, 2023, at 10:00 am before me. The parties shall comply with the following schedule:

(a) The Applicant shall deliver her motion materials by April 12, 2023.

(b) The Respondent shall deliver his responding motion materials by April 17, 2023.

(c) The Applicant shall deliver her reply materials, if any, by April 19, 2023. The parties shall deliver Factums by April 19, 2023.

10. The Respondent shall not file materials in respect of the above motions nor shall he be permitted to participate at the hearing of the above motions unless, by April 14, 2023, he has paid the sum of $40,000.00 in interim disbursements to the Applicant as required by the Order of Justice Pinto dated December 2, 2022.

11. The date for the return of the Applicant’s motion for interim spousal support will be addressed at the hearing of the above motions on April 20, 2023.

12. Any submissions for costs of this motion, as well as the motion before Justice Black on January 26, 2023, shall be delivered by April 20, 2023. Responding submissions shall be delivered by April 27, 2023. The maximum length of each submission is 3 pages exclusive of a bill of costs and any offers to settle.

Mr. Justice M. D. Faieta

Released: April 7, 2023