What is the burden of disclosure to the court on a father's business expenses?
Ontario, Canada
The following excerpt is from Zapreff v. Zegarac, 2015 ONCJ 243 (CanLII):
[98] The mother raised questions given the father’s lack of disclosure regarding the reasonableness of business expenses. As the court noted in Favero v. Favero (supra), the burden of proving that the deduction of such expenses is unreasonable lies with the mother. However, in this case, the father, who relies on the expenses to reduce his income, has simply put forth numbers for alleged business expenses. He puts them forth with no justification or evidence to support those numbers. The father has an obligation to explain the reasons for the expenses and how they were calculated, and to provide documentary proof of the expenses in an organized manner so that the court can make a proper determination of his income.
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