What is the impact of a party's failure or refusal to disclose their financial circumstances to the court?
British Columbia, Canada
The following excerpt is from J.H.S. v. S.R.M., 2016 BCPC 58 (CanLII):
This Court has forewarned litigants of the potential, for those who fail or refuse to make full and frank disclosure of their financial circumstances, of having adverse or negative inferences drawn against them with attendant consequences that may include the imputation of income (see: … Moytka v. Moytka, 2001 BCCA 18 at para. 16, 83 B.C.L.R. (3d) 339, in which the payor’s failure to make full financial disclosure resulted in imputation of income based on his lifestyle, monthly expenses, and income during the marriage).
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