Does a spouse have an obligation to disclose all financial information to the husband when they are seeking equalization of net family property?
Ontario, Canada
The following excerpt is from Catholic Children's Aid Society of Toronto v. S.(A.), 2007 ONCJ 596 (CanLII):
[22] In at least one family law case involving a claim for equalization of net family property, a court has imposed such an obligation. In Di Luca v. Di Luca,[13] a husband brought a motion to strike the wife’s pleadings for alleged non-compliance with her obligation to make full financial disclosure. The wife had at some point during the marriage had an interest in a family trust. She alleged that the trust had been wound up and that she had no current beneficial interest in the trust and therefore no ability to demand that the third-party trustees disclose information. She suggested that, if the husband wanted this information, he bring a motion requesting disclosure from the trustees.
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