What are the obligations of a party to provide a full and complete disclosure of property?
Ontario, Canada
The following excerpt is from Michi v. Michi, 2008 CanLII 728 (ON SC):
The issues herein were addressed some years ago and the obligations ought be well known to counsel, namely: (i) full and complete disclosure of property must be made in a party’s financial statement: see section 8 and Rule 13; (ii) the onus of establishing the value of property is on the party owning same; see Menage v. Hedges (1987), 1987 CanLII 5234 (ON SC), 8 R.F.L. (3d) 225 (Ont. U.F.C.); (iii) this onus may extend to providing an expert evaluation: see Greenwood v. Greenwood (1988), 18 R.F.L. (3d) 273 (Ont. Master) and DiLuca v. DiLuca 2004 CanLII 5044 (ON SC), 2004, 1 R.F.L. (6th) 162 (Ont. S.C.J.).
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