Many on this forum have on-going difficulties acquiring court ordered financial disclosure.
I just read a case on CanLII from last month in which the judge imposes a fine of $2000 for withholding disclosure
Thought it may be of interest to anyone on the forum having similar difficulties...
Citation: MacGrotty v. MacGrotty, 2014 BCSC 317 (CanLII)
[69] With respect to the mother’s application, the remaining issue is whether the father should be ordered to pay a sum of money as a penalty for his non-disclosure, and if so, in what amount?
[70] Family Rule 5-1(28) authorizes the court to make orders against a party who fails to comply with the disclosure requirements of Rule 5-1. The authority includes power to impose a fine against the offending party under s. 92(1) of the Family Relations Act or under s. 213(2) of the Family Law Act, or to require the offending party to pay an amount not exceeding $5,000.00 to the opposite party. The power under s. 92 of the Family Relations Act is similar to the court’s authority under s.213 of the Family Law Act, but the Family Law Act particularizes the kinds of non-disclosure that may be penalized. The relevant parts of s. 213 states as follows:
Enforcing orders respecting disclosure
213 (1) This section applies if a person
(a) fails to comply with
. . .
(ii) a requirement to disclose information in accordance with the Supreme Court Family Rules . . . ,
within the time or in the manner required by the order or Rules, or
(b) provides information that is incomplete, false or misleading.
(2) In the circumstances set out in subsection (1), the court may do one or more of the following:
. . .
(d) make an order requiring the person described in subsection (1) to pay
. . .
(ii) an amount not exceeding $5 000 to or for the benefit of a party, . . . whose interests were affected by the non-disclosure of information or the incomplete, false or misleading disclosure, . . . .
[71] I have found that the father failed to comply with the disclosure requirements of the Family Rules within the time and in the manner required by the Rules, and that he has provided information that is incomplete, false and misleading. In my opinion the conduct of the father in this case deserves to be penalized, by requiring him to pay a sum of money to the mother. In the circumstances, I fix that amount at $2,000.00 and I order that the father shall pay that amount directly to the mother, within 30 days of this date.
I just read a case on CanLII from last month in which the judge imposes a fine of $2000 for withholding disclosure
Thought it may be of interest to anyone on the forum having similar difficulties...
Citation: MacGrotty v. MacGrotty, 2014 BCSC 317 (CanLII)
[69] With respect to the mother’s application, the remaining issue is whether the father should be ordered to pay a sum of money as a penalty for his non-disclosure, and if so, in what amount?
[70] Family Rule 5-1(28) authorizes the court to make orders against a party who fails to comply with the disclosure requirements of Rule 5-1. The authority includes power to impose a fine against the offending party under s. 92(1) of the Family Relations Act or under s. 213(2) of the Family Law Act, or to require the offending party to pay an amount not exceeding $5,000.00 to the opposite party. The power under s. 92 of the Family Relations Act is similar to the court’s authority under s.213 of the Family Law Act, but the Family Law Act particularizes the kinds of non-disclosure that may be penalized. The relevant parts of s. 213 states as follows:
Enforcing orders respecting disclosure
213 (1) This section applies if a person
(a) fails to comply with
. . .
(ii) a requirement to disclose information in accordance with the Supreme Court Family Rules . . . ,
within the time or in the manner required by the order or Rules, or
(b) provides information that is incomplete, false or misleading.
(2) In the circumstances set out in subsection (1), the court may do one or more of the following:
. . .
(d) make an order requiring the person described in subsection (1) to pay
. . .
(ii) an amount not exceeding $5 000 to or for the benefit of a party, . . . whose interests were affected by the non-disclosure of information or the incomplete, false or misleading disclosure, . . . .
[71] I have found that the father failed to comply with the disclosure requirements of the Family Rules within the time and in the manner required by the Rules, and that he has provided information that is incomplete, false and misleading. In my opinion the conduct of the father in this case deserves to be penalized, by requiring him to pay a sum of money to the mother. In the circumstances, I fix that amount at $2,000.00 and I order that the father shall pay that amount directly to the mother, within 30 days of this date.
Comment