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Is there a specific form for disclosure? (regarding request for information)

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  • Is there a specific form for disclosure? (regarding request for information)

    We had a case conference in january and were given endorsement that we can serve other party with request for information (form 20).



    Answers are to be provided "in affidavit form including all third party requests and responses". So as I'm gathering what's needed - a couple of questions -
    Is there a specific form I should fill and sign to attach to my items?
    For the items I've had to seek out from a third party - would they also need to provide a signed/sworn affidavit? I can ask this of personal requests but letters from schools and businesses??

  • #2
    I believe any statements from others have to be an affidavit but letters can be an exhibit. For instance, you have to provide five documents including a letter from the school outlining kids attendance. You would file an affidavit that each of the five items are true. It would have individual items.


    Sent from my iPhone using Tapatalk

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    • #3
      Originally posted by rockscan View Post
      I believe any statements from others have to be an affidavit but letters can be an exhibit. For instance, you have to provide five documents including a letter from the school outlining kids attendance. You would file an affidavit that each of the five items are true. It would have individual items.


      Sent from my iPhone using Tapatalk

      So any documents provided to me by others I can file an affidavit that they are true. - that makes sense


      Any idea how I would submit my answers to other party's form 20? Is there a blank disclosure form that I can sign/swear affidavit that all my answers and attachments are true?

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      • #4
        Originally posted by momof2teenboys View Post
        So any documents provided to me by others I can file an affidavit that they are true. - that makes sense
        You swearing someone else is telling the truth has no value.
        3rd Parties swearing their own affidavit would have little value.
        Calling 3rd Parties as witness to be cross examined, high value (if relevant)

        Any idea how I would submit my answers to other party's form 20? Is there a blank disclosure form that I can sign/swear affidavit that all my answers and attachments are true?
        There's nothing to submit. You are gathering the information to use for a motion or trial when the time comes.

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        • #5
          Yes this was why I was confused.

          Our next conference date isn’t for months. Our answers to each other's request for information is due next month “in affidavit form....”

          If I was including it in my next brief I wouldn’t include anything like letters that were personal in nature - as they would be worthless. But if OP has requested these personal items???

          Whenever we’ve exchanged annual disclosure (NOA’s etc) we just email them. this seems like an added step and I don’t want to mess it up

          Comment


          • #6
            "In affidavit form" to me suggests you would swear your answers to be true, and 3rd parties would get their letters sworn as well before providing them to your ex. Just because something is requested in Form 20 though doesn't mean you have to provide it if it's not relevant.

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            • #7
              Do you think attaching a signed and sworn (by me) cover letter to the package of disclosure would be sufficient.

              The items that would come from third parties are either institutions or businesses ie - manulife or bmo

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              • #8
                Originally posted by momof2teenboys View Post
                Do you think attaching a signed and sworn (by me) cover letter to the package of disclosure would be sufficient.

                The items that would come from third parties are either institutions or businesses ie - manulife or bmo

                I would do a sworn affidavit and have a bulleted list.

                Example

                1. Standard opening statement swearing the information is true.
                2. The respondent has requested a current balance of an account at bmo. I have attached a statement dated xyz from the bank of montreal showing a balance of abc at exhibit a.
                3. The respondent has requested proof of life insurance totalling $200,000. I have attached a current statement of account from manulife showing the total life insurance of $200,000 at January 1, 2021.

                Etc.


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                • #9
                  Originally posted by rockscan View Post
                  I would do a sworn affidavit and have a bulleted list.

                  Example

                  1. Standard opening statement swearing the information is true.
                  2. The respondent has requested a current balance of an account at bmo. I have attached a statement dated xyz from the bank of montreal showing a balance of abc at exhibit a.
                  3. The respondent has requested proof of life insurance totalling $200,000. I have attached a current statement of account from manulife showing the total life insurance of $200,000 at January 1, 2021.

                  Etc.


                  Sent from my iPhone using Tapatalk

                  Thanks - that's what I'll do

                  Comment


                  • #10
                    Originally posted by momof2teenboys View Post
                    Yes this was why I was confused.

                    Our next conference date isn’t for months.
                    If you don't mind me asking how long after your case conference is your next conference? I am in Ontario and trying to gauge how long it will take. My case conference is in a few months.

                    Comment


                    • #11
                      Originally posted by Kart321 View Post
                      If you don't mind me asking how long after your case conference is your next conference? I am in Ontario and trying to gauge how long it will take. My case conference is in a few months.
                      About 5 months - although dates as early as 4 months were available but OP wouldn’t agree.

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                      • #12
                        Just to tack onto this:

                        With an endorsement, and an order to send documents to the Law Clerk directly, do we still need to attach an affidavit to it, and serve the other party, if it states "shall provide the court with a copy of the...., by way of email to ... *law clerk*"

                        asking for a friend

                        Comment


                        • #13
                          Well... looking for suggestions for next step. In a nutshell:
                          CConference March 29 2021 endorsement for disclosure (NOA's Statements,etc)
                          April 19 served letter of disclosure to Respondent (production from CPA for Income Assessment)
                          Nothing, no reponse
                          April 29 transferred all to Form 20
                          Next Case meeting was/is May 19 (TODAY)
                          Received some disclosure friday may 7 4pm (T2 Corporate Return Financial Statements)
                          Received some more Sunday May 9 (NOA 2019, nothing 2020)
                          Filed my Brief May 11
                          Receive more disclosure May 12 (VISA, Corporate Bank)
                          Respondent Filed his brief
                          Today was the Case Meeting, all requests from CPA ignored (though put in form 20)
                          meeting was at 11
                          enter meeting, first thing, Respondent lawyer, Your Honour, we fulfilled the request for disclosure at 10:31 to the CPA not the Applicant
                          -lecture ensures as to why I was not served directly-
                          Lawyer says letter was fulfilled - judge accepted
                          No confirmation of what was in the letter
                          Reschedule til August 6 2021

                          CPA forwards at 11;15, its a letter from their bookkeeper.. NOTHING disclose (no documents, no clarification of requests, receipts requested)... based on my assumption, based on the VISA, we do not check receipts for personal we accept it as business, .. based on my assumption... the Respondent is responsible for that piece.... NOT ONE ITEM

                          do I skip off to get a motion for disclosure? Since now they stated in front of the judge disclosure was done, and its only a bullcrap letter from his bookkeeper

                          thoughts?

                          Comment


                          • #14
                            I would file a motion for disclosure as it will be stand alone on disclosure with an endorsement (if successful) that can be contempt worthy. List out in your form 20 exactly what you want and why it is relevant. When your motion is heard you can demand you be served personally (not just to the CPA) and they will have to answer why they continue to refuse to comply. Plus if you are successful you can argue for costs trying to get disclosure.

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                            • #15
                              Judge just told them to serve me from now on, whether that will be in his endorsement from today is yet to be seen.

                              I served them a form 20 once already with the CPA disclosure listed, I'm going to update it (remove which was already disclosed) and list the receipts in question from the general ledger as personal expenses.

                              Not sure when I'll get a date, with the trial blitz coming, things are backing up virtually. And will need to get it signed too, from what I see in the notice to professions 14 and 14b need to be sworn.

                              Thanks Rockscan

                              Comment

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