When a couple separates, financial issues almost inevitably arise. To answer these questions, financial disclosure is essential. But, what happens when one spouse refuses to provide necessary and relevant information?
In a recent case before the Ontario Superior Court of Justice, Justice R. John Harper was asked to determine if one party should pay costs to the other. That determination followed a long and arduous court process, the hallmark of which was the husband’s failure to provide financial disclosure. According to Justice Harper, the husband’s lack of “timely, accurate and complete disclosure with respect to his finances was a central cause to this litigation being infused with extended conflict that was both emotionally and financially costly.”
From a review of the litigation chronology, the theme of the husband’s failure to disclose quickly emerges. The wife commenced court proceedings in August 2015. Nearly one year later, the matter was first in court for a conference, at which time the presiding judge noted that a meaningful conference could not be held owing to the paucity of the husband’s financial disclosure.