Court File and Parties

CITATION: Jarvis v. Jarvis, 2026 ONSC 3091

COURT FILE NO.: FS-25-48866-0000

DATE: 20260526

SUPERIOR COURT OF JUSTICE - ONTARIO

RE: DAVID NICHOLAS JARVIS, Applicant

AND:

STEPHANIE CHRISTINA JARVIS, Respondent

BEFORE: M.D. Faieta J.

COUNSEL: Andrea L. Di Battista, for the Applicant

Jeff Rechtshaffen, for the Respondent

HEARD: March 9, 2026

ENDORSEMENT

[1] The applicant father brings this motion for an order requiring the respondent mother to provide the financial disclosure described below.

[2] The parties commenced cohabiting in 2012, were married in 2018, and separated in December 2020. Their son, TLJ, is six years old and resides with both parents. The applicant states that the parties signed agreements in respect of support, property, and debts in 2021 and 2024. By consent Order issued December 17, 2025 a 2-2-3 parenting time schedule for TLJ was established. The applicant commenced this application seeking a divorce, joint decision-making responsibility, and equally shared parenting time in respect of TLJ. In her Answer, the respondent seeks an order setting aside the separation agreements, spousal support, child support, and equalization of net family property.

[3] On December 14, 2025, the applicant father filed a notice of motion seeking the following relief:

An Order requiring the respondent to comply with her disclosure obligations as set out in paragraph 5 of the Automatic Order in this matter dated April 10, 2025 and section 21(1) of the Child Support Guidelines within 21 days.
An Order requiring the respondent to provide the applicant with a written acknowledgement of child support payments received from the applicant in 2024 in the amount of $21,240 and spousal support payments received from the applicant in the amount of $39,330 in 2024 within two business days so that the applicant may finalize his 2024 income taxes.
If not provided in advance of this motion, an Order requiring the respondent to provide a current, complete and corrected sworn 13.1 Financial Statement within 21 days.
An Order requiring the respondent to comply with paragraph 6 of the Automatic Order dated April 10,2025 by serving her Certificate of Financial Disclosure including back up documentation for income, asset and debts within 21 days.
An Order scheduling a settlement conference in this matter.

[4] The respondent has provided some of the requested disclosure.

[5] On February 19, 2026, and with the consent of the respondent’s agent, the motion was adjourned to today as counsel for the respondent did not appear. Justice Shin Doi awarded costs thrown away against the respondent. The Court also ordered that “…responding materials (affidavit and factum) must be served and filed by Tuesday, February 24, 2026. Any reply materials must be served and filed by Thursday, February 26, 2026”.

[6] The following issues are raised on this motion.

Statement of Payments and Benefits Paid by the Respondent’s Corporation – Automatic Order and the Child Support Guidelines

[7] The respondent states that she is the sole owner of Strategy House Limited. The applicant seeks an order requiring the respondent to comply with the disclosure obligation set out in paragraph 5 of the Automatic Order dated April 10, 2025 and section 21(1) of the Federal Child Support Guidelines, SOR/97-175. Paragraph 5 of the Automatic Order requires the respondent to make the disclosure within 21 days if not already produced, and requires, but does not limit, disclosure to the following in relation to her corporation Strategy House Limited:

a statement showing a current 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 with at arm’s length.

[8] This request appears to be made pursuant to sections 5(g)(ii) and 7 of the Automatic Order which state:

Where a claim for support has been made, the party responding to the support claim must also serve the other party with the following documents along with the Financial Statement referred to at paragraph 4 of this Order: …

(g) where the party controls a corporation, for its three most recent years, ..

(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 with at arm’s length; …

If the party requesting support has not already served the other party with the financial documents in paragraph 5 of this order at the time of the claim as required by rules 13(1) and 13(3.2) and they are seeking:

a) Child support beyond just the table amount under the Child Support Guidelines; or

b) Spousal support

they must serve the financial documents in paragraph 5 of this order on the other party promptly unless the Court orders otherwise. [Emphasis added].

[9] In this case, the respondent has made a claim for spousal support and has thus triggered the above disclosure obligation.

[10] Further, the applicant relies on subsection 21(1) of the Guidelines which states:

21 (1) A spouse who is applying for a child support order and whose income information is necessary to determine the amount of the order must include the following with the application: …

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

[11] The applicant father states that there is one item of disclosure required by the Automatic Order that remains outstanding.

[12] The respondent submits that the Corporation did not exist prior to 2024 and that its fiscal year ends June 30. While the respondent has provided the corporate financial statement for the year ending June 30, 2025, it appears that the respondent has not provided the applicant with the statement referenced in section 21(1)(f)(ii) of the Guidelines and section 5(g)(ii) of the Automatic Order for the fiscal year ending June 30, 2025. I agree with the respondent that there is no obligation under the provisions described above to provide statements for a partial fiscal year and do not find it reasonable or proportional to require same.

Incomplete and Incorrect Financial Statement

[13] The applicant’s Amended Notice of Motion dated February 2, 2026, seeks an Order requiring the respondent to provide a current, complete and corrected sworn Form 13.1 Financial Statement within 21 days. It states that the financial statement was “…provided following service of the motion materials – only costs remain an issue”.

[14] On February 11, 2026, the applicant received a corporate financial statement for Strategy House Limited. The applicant states that a review of the corporate financial statement showed that there were items missing from the respondent’s latest financial statement – namely, an amount of about $109,000 for funds due to shareholder and correction of the statement. The issue requiring correction was that the corporation was incorporated post-separation given that the financial statement shows that the value of the corporation as of the date of marriage is to be confirmed.

[15] The applicant states that the respondent’s financial statement should have said that the value of the corporation as of the date of marriage was “not applicable” rather than “to be confirmed.” However, $109,000 in funds due to shareholder does not appear on the respondent’s financial statement sworn February 27, 2026.

[16] Further, the respondent has failed to provide the information contemplated by Form 13.1 as the applicant seeks a statement that itemizes that wages, management fees, benefits, and other payments that have been paid to her during the current year. Page 2, paragraph 3 of the standard Form 13.1 financial statement requires a party to “… attach proof of my year-to-date income from all sources, including my most recent … statement of income and expenses/professional activities (for self-employed individuals)”. The brief description shown at paragraph 5 of the affidavit sworn February 24, 2026 by the respondent’s law clerk is insufficient to satisfy the requirement for a statement. The respondent shall amend her financial statement and attach the required statement within 21 days.

Materials uploaded to Case Center but not filed with the Court

[17] The respondent served two affidavits sworn by a law clerk assisting the respondent’s counsel – one on February 24, 2026, and another on February 26, 2026. The respondent’s last sur-reply affidavit was not contemplated by Justice Shin Doi’s Order nor permitted by Rule 14(20) of the Family Law Rules, O. Reg. 114/99. As a result, this affidavit was not filed with the Court however, the respondent uploaded it to Case Center. Materials that are not filed with the Court because they are late for filing or otherwise may not be filed under the Rules are not to be uploaded to Case Center particularly as it causes confusion about what materials are properly before the Court.

[18] Further, rather than provide hearsay evidence through this law clerk regarding the respondent’s business affairs, such evidence should come from the respondent directly.

[19] The respondent should ensure that she does not upload any materials to Case Center that has not already been filed with the Court without this Court’s prior approval. The imposition of a fine or penalty should be considered if this happens again.

Costs

[20] Success on this motion, although divided, largely favours the applicant. The applicant claims $8,960 on a partial recovery basis. Although not expressly stated, the respondent claims $4,908 on a full indemnity basis. I find that it is fair and reasonable to order that the respondent pay costs of $4,000, inclusive of disbursements and taxes, in respect of this motion.

Order

[21] Order to go as follows:

(a) Within 21 days, the respondent shall deliver to the applicant an updated financial statement that includes:

(1) the statement referenced in section 21(1)(f)(ii) of the Guidelines and section 5(g)(ii) of the Automatic Order for the fiscal year ending June 30, 2025; and

(2) a statement of income and expenses/professional activities for the respondent for year-to-date income.

(b) The respondent shall not upload any documents to Case Center that have not already been filed with the Court without the prior approval of the Court.

(c) The respondent shall pay costs of this motion in the amount of $4,000, inclusive of disbursement and taxes, to the applicant within 30 days.

The Honourable Justice M.D. Faieta

Date: May 26, 2026