Form 20: Request For Information (Financial)

[Tayken]

Hi Everyone,

The issue of income disclosures comes up quite often. Questions about how do I get the other party to disclose etc...?

If your matter is before the court then Rule 20 of the Family Law Rules applies and you can request financial disclosure in accordance with Rule 13.

Rule 13.(6) of the Family Law Rules reads:

FULL DISCLOSURE IN FINANCIAL STATEMENT

(6) A party who serves and files a financial statement shall,

(a) make full and frank disclosure of the party’s financial situation;

(b) attach any documents to prove the party’s income that the financial statement requires;

(c) follow the instructions set out in the form; and

(d) fully complete all portions of the statement. O. Reg. 114/99, r. 13 (6).

Include this statement in the covering letter you send to the other party/their lawyer:

Enclosed herein please find Form 20: Request for Information served upon you in accodrance with the Family Law Rules.

Here is my list of disclosure requests (generic) that I could think of:

Note: Make sure you identify if you are requesting the disclosure from the Applicant or the Respondent. e.g. If you are the "Respondent" then you would want to select "Applicant" and remove "respondent" as you already have your own financial information silly...

Disclosure of the other party's employment contracts:

x. A copy of the Applicant/Respondent's signed and dated employment contract from his/her employer "Name of Employer" clearly stating his/her salary, position, bonus and other benefits.

Disclosure of the other party's reason for leaving a job or being terminated:

x. A copy of the Applicant/Respondent's signed and dated resignation letter or signed and dated termination letter from his/her employer "Name of Employer".

Generic request for 3 years tax returns:

x. A copy of every personal income tax return, with all schedules, attachments and information slips, filed by the Applicant/Respondent for the 3 most recent taxation years.

(For people who think they can be sneaky and not file income taxes and ignore disclosure here is the clause that calls them out and is in accordance with the disclosure rules of the FCSG.)

x. A copy of all income slips (T4s, T4As, T5s, etc.) received for any of the of the three most recent taxation years for which a tax return has not been filed by the Applicant/Respondent.

x. A copy of the most recent pay stub or statement with year-to-date income for the Applicant/Respondent's current employer.

x. A copy of all benefit information circulars or benefit booklets outlining all employee benefits for health care, dental care, prescriptions and life insurance from the Application/Respondent's current employer. If no circular or booklet is available, a detailed statement from the Applicant/Respondent's employer or the group plan Insurer outlining these benefits.

(For those dealing with self employed people with businesses.)

x. Year-end financial statements for all businesses, including income and expense statements and list of assets, liabilities and debts for the Applicant/Respondent's company(ies) "Company Name", "Company Name 2", ... and "Company Name N" for the years XXXX, XXXX and XXXX.

x. The most recent monthly or quarterly income and expense statement for the Applicant/Respondent's company(ies) "Company Name", "Company Name 2", ... and "Company Name N".

x. A statement showing a breakdown of all salaries, wages, management fees or other payments or benefit paid to, or on behalf of, the party and persons or corporations with whom the party and persons or corporations with home the Application/Respondent does not deal at arm's length for the Applicant/Respondent's company(ies) "Company Name", "Company Name 2", ... and "Company Name N" .

x. A copy of any application made by or for the business(es) "Company Name", "Company Name 2", ... and "Company Name N" for a loan, line of credit, credit card or mortgage, including any statement of income or net worth provided by or for the(these) business(es).

x. Confirmation of the Applicant/Respondent's income and draw from, and capital in, "Company Name", "Company Name 2", ... and "Company Name N" for the current year.

When someone claims that their parents/family loaned them money:

x. A copy of any promissory note signed for any loan provided by Family Member A, Family Member B, ... Family Member Z to the Application/Respondent.

Daycare receipts (which is often asked):

x. A signed and dated copy of the contract signed with "Name of Daycare" / "Person A" confirming their (or) his/her costs (or) wages and benefits, if any.

x. All receipts provided by "Name of Daycare" / "Person A" for all services rendered, if any.

Final ones you should generally always include:

x. Most recent statements of accounts or interest with any financial institute in the Applicant/Respondent's name.

x. Supporting documentation for any debts existing both on the date of separation and the present date.

If anyone has any to add that I missed please add them to this thread. We get a lot of generic questions about income disclosure and hopefully this provides some insight for others on how to make proper income disclosure requests... and saves people some time (and money) when dealing with their lawyer.

Remember: Always consult a lawyer for proper legal advice.

Good Luck!
Tayken

[nogoingback]

This should be pinned (sticky thread?) to the top of the discussion board. Can a moderator do this please?

[LovingFather32]

Incredibly helpful. My ex's lawyer simply told me I was self-repping and didn't know what I was doing, describing a form 20 as "only or child protection concerns".

I believe this to be a useful form that doesn't get much play.

[nogoingback]

Standard Disclosure Terms- Support Cases

This is very similar, with some additional useful tidbits. http://yorklaw.ca/dat/files/90.pdf

[LawHelp]

WOW! this is just what I was looking for. I am so glad I joined this forum. First time here

Quick question, I am sending this to my ex for his self employed business disclosure ( financial disclosure). Does it have to be served to him? he has a lawyer , so can I just email him the Form 20?

[Busch]

Good Day,

I must say Thank You to you Takyen!!! Your words of wisdom are wonderful to those of us who look for guidance and direction within this forum. I know that you state you are not part of the legal family, but your words are full of information and very eloquent. I take your words, apply them and then ensure that I have things checked over by a legal advisor.
With this post I have a question....all the requests that you have mentioned above, are they to be on the actual Form 20? Or should they be in the cover letter that you mentioned? Should I quote the appropriate Family Laws as well?
Thank you in advance for your response.

[LawHelp]

Form 20: Request For Information (Financial)

Yes a agree with you on this one. This forum has really helped me. I served the form 20 on my ex lawyer and he has provided very partial and incomplete information. What do I do next? He has given tax returns but not t4 or any other materials filed. He gave his offer of employment that is unsigned. The offer talks about benefits that are in a booklet , he hasn't provided that. For self rep he shows expenses but no explanation.

I have very little disclosure from him. What can I do now if the form 20 is not fully followed by the other party?

I have case conference coming up in front of a Dispute resolution officer soon. I don't know what that means. What do I prepare for the CC in front of a DRO? Is it the same case conference form?

[Headwaters1]

I believe you can file a motion to address this issue. What happened at the cc?

[Tayken]

Per the new Rules in Ontario all of the above is now required in accordance with Rule 13 of the Family Law Rules.

[Headwaters1]

I just used it and worked like a charm. I was not receiving anything back in response from the other side for 6 months so I filled out a Form 20 and gave them 20 days.

On the 20th day I received a response. They skirted a few key questions but a response none the less. Now they have to face the music at settlement conference as to why they haven't disclosed.

Thanks Tayken.

[Headwaters1]

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?

[LovingFather32]

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

[Tayken]

Easy to find references on the use of Form 20:

Financial Disclosure | Pantalone Family Law in Ottawa Ontario

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.

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

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

[Kinso]

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.

[Tayken]

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.