Undisclosed bank accounts

[FS-CV]

Need your advices.
My ex has bank account at CIBC in US funds. Also she has CIBC joint account with her mom. Her mom is not Canadian resident and was never living in Canada. I know about these accounts because during the marriage we were banking together and we received bank statements of those accounts too. I could save some statements but I was naive and did know that something is coming.

Ex is refusing to disclose these accounts at her FS for almost 3 years. I sent several letters and 4-5 official Request for Information. I raised this issue during the Contempt motion against her. I asked Judge to give me direction to the bank. Nothing is working. The main issue of the Contempt motion was not showing of 1.8m of NFP.

In May, her lawyer wrote that I have to show a proof of existing of these accounts and they are not going to discuss this matter without this proof. Since August, her lawyer has stopped to respond to my letters or e-mails regarding ANY issues.

I visited private investigator re bank accounts issue. He said that legally getting the info about bank accounts is impossible.

Do you have any suggestions how to get the info about bank accounts?

P.S. I am surprised that hiding Net Family Property in FS and NFPS is normal situation for the Family Courts. For me, it is a crime, particularly if we are talking about serious sum.

[arabian]

We are all creatures of habit.

Did your ex ever use the US account to pay for anything (insurance, eg)? Although there are very strict rules about Privacy Act, it is not impossible to get information through the 'back door.' Did the PI not suggest this to you? Perhaps you should find a different PI.

Don't bother, or listen to anything your ex's lawyer has to say.

[limer]

Why don't you write up a Release of Information specific to CIBC. If she refuses to sign it then it's another piece of evidence she's not being truthful/frank with her financial disclosure.

If I were her I'd be transferring it solely into her mothers name, but then again, that would be traceable.

When you do you NFP put your estimated amounts in.

I believe you could also submit a Request to Admit to the other party pertaining to these accounts. They would have 9/10 days to respond. If they do not then the they are not disputing the claim (another piece of evidence).

You could potentially add the mother as a respondent since she may have an interest in the outcome of the case.

[FS-CV]

Thanks arabian and limer,
Advice regarding Request to Admit is not bad idea because once she already made huge mistake with her Respond to Request to Admit. Maybe after receiving the response, I will look around for another PI.

[OhMy]

Just a thought; have you considered that these accounts may have had more money in them on the date of marriage then they do now?

If that is the case and they were depleted during the marriage, this is to the other parties benefit, not yours.

Have you considered that it may be a small sum that may not be worth the expense of court et la to argue?

I understand not knowing the amounts is an issue, but finding out at some cost to you may not end up being worth it.

[arabian]

OhMy - that's a good point for everyone in a similar situation to consider.

[FS-CV]

Do you think that these accounts are not disclosed because there were some good amounts on date of marriage? In such situation it is ex's interest to show them from the beginning of family case.

For last 2 years of marriage, I noticed some small problems with cash flow in the family business. I suspect that more activities happened immediately after separation. I am reasonable and not crazy regarding the issue with these accounts. However it is good point for the trial if I will reach the trial.

[limer]

That might come under Section 5 of the FLA Clause 6:

Variation of share
(6) The court may award a spouse an amount that is more or less than half the difference between the net family properties if the court is of the opinion that equalizing the net family properties would be unconscionable, having regard to,
(a) a spouse’s failure to disclose to the other spouse debts or other liabilities existing at the date of the marriage;
(b) the fact that debts or other liabilities claimed in reduction of a spouse’s net family property were incurred recklessly or in bad faith;
(c) the part of a spouse’s net family property that consists of gifts made by the other spouse;
(d) a spouse’s intentional or reckless depletion of his or her net family property;
(e) the fact that the amount a spouse would otherwise receive under subsection (1), (2) or (3) is disproportionately large in relation to a period of cohabitation that is less than five years;
(f) the fact that one spouse has incurred a disproportionately larger amount of debts or other liabilities than the other spouse for the support of the family;
(g) a written agreement between the spouses that is not a domestic contract; or
(h) any other circumstance relating to the acquisition, disposition, preservation, maintenance or improvement of property. R.S.O. 1990, c. F.3, s. 5 (6).

[limer]

Do you think that these accounts are not disclosed because there were some good amounts on date of marriage? In such situation it is ex's interest to show them from the beginning of family case.

Even if a large amount was present at the DOM the accumulated interest on that amount of money could be significant.