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  #11 (permalink)  
Old 01-31-2016, 06:34 AM
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In dispute is a Marriage Contract. I contacted my spouses lawyer at the time of signing. He has agreed to affirm the fact she had independent legal advice (him), understood what was explained, that she spoke English and understood it (in dispute but completely silly claim) and so on.

He said he can give evidence through an affidavit and as a lawyer does not need to be summoned as a witness. He said I need to serve the other party and him a form to request this information....

...would this be form 20? Would I serve the other party at the same time as sending the info or when I plan to submit it as evidence?
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  #12 (permalink)  
Old 01-31-2016, 07:23 PM
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Form 20 is a tricky form. I still don't completely understand it.

I used it to ask for disclosure and I received a response from my ex's lawyer stating that FORM 20 was only for "child protection cases". But Tayken and other sources say different. Other's claim that FORM 20 is only for financial information.

Personally, I would send OP the FORM 20 and see what happens. I would also make a few calls and visit FLIC to ensure you took the right step.

There is indeed a new Family Law Rule stating that a witness may write an affidavit without showing up. But I think I read that you needed to get permission from the courts before making that move...through a quick 14B procedural motion. I might go the 14B route first (if FLIC agrees with me). OP may be counting on you "not" doing it to create a delay.

Hope this helps,

LF32

Last edited by LovingFather32; 01-31-2016 at 07:35 PM.
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Old 02-01-2016, 10:31 AM
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Easy to find references on the use of Form 20:

Financial Disclosure | Pantalone Family Law in Ottawa Ontario

Quote:
Rule 20 of the Family Law Rules deals with questioning a witness and disclosure. Again, the basis for the rule is for the production of information and documentation, which is relevant to a party’s case and in the possession or control the other party, or a third party.
Form 20 relates to Rule 20 of the FLR. If a lawyer says it is about "child protection" you simply send them back copies of all the references that they should already know as a professional and thank them for the opportunity to educate them.

Quote:
A party may be questioned under rule 20 on a financial statement provided under this rule, but only after a request for information has been made under clause (11) (a). O. Reg. 114/99, r. 13 (13).
Lawyers should also check their practice notes in Ontario to!!!

https://www.lexisnexis.com/ca/guidan...or+Information

Quote:
Requesting Disclosure — Using Requests for Information

This practice note describes the use of Form 20: Requests for Information when making disclosure requests as a way of ensuring that requests for disclosure are properly framed to compel production or carry costs consequences for non-compliance —

Founding Author: Justice Victoria Starr, Ontario Court of Justice (formerly of Starr Family Law). Updating Author: Elizabeth Virtue, LexisNexis Canada Inc.
Yeash... Lawyers will say anything to avoid disclosure...

Good Luck!
Tayken
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Old 04-05-2016, 03:05 PM
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There is some confusion here.

Rule 20 does cover questioning of witnesses and disclosure. But responding to a Form 20 is only compulsory in child protection matters.

Form 20 is only for child protection matters (as stated in Rule 20(3)). The lawyers are correct when they respond stating this.

However, the Family Law Rules do require full and frank disclosure pursuant to Rule 13. What 'full and frank' mean depends on your circumstances. Some disclosure is almost universally required (Notices of Assessment, T1s..etc), other documents might be appropriate in the circumstances (historical bank statements, partnership agreements).

The difference is that in child protection proceedings disclosure is 'as of right', whereas in other proceedings, disclosure beyond what is required in the rules and guidelines is more subjective.

The content written on your Form 20 might be appropriate in the circumstances, but using the form doesn't compel the other party to reply (unless it is a child protection proceeding). However, if a party doesn't provide the disclosure requested AND on a motion the court finds the disclosure requested is reasonable in the circumstance, then costs could flow from the withholding party to the requesting party.

In short, by using a Form 20 in a non-child protection matter there is no obligation for the other side to provide the documents requested. However, if what you've requested on that form is reasonable (and within the scope of full and frank disclosure under Rule 13), then failing to answer could have negative cost consequences.

For a case that confirms Form 20 only have authority in Child Protection Proceedings, see Robertson v. Quinn (http://canlii.ca/t/fss7x) - at paragraph 5.
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Old 02-28-2017, 04:31 PM
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Quote:
Originally Posted by Kinso View Post
Rule 20 does cover questioning of witnesses and disclosure. But responding to a Form 20 is only compulsory in child protection matters.
Read the practice note I linked. I believe you can get a free account to read it. It is (c) material so I can't post it here.
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