What is the quantum of disclosure in a family law case?

When considering the quantum, the guiding principles are found in Rule 2 of the Family Law Rules. Pursuant to rule 2(2) of the Rules, “The primary objective of these rules is to enable the court to deal with cases justly”, and rule 2(3) goes on to define dealing with a case justly as, “(a) ensuring that the procedure is fair to all parties; (b) saving expense and time; (c) dealing with the case in ways that are appropriate to its importance and complexity; and (d) giving appropriate court resources to the case while taking account of the need to give resources to other cases.” As Perell J. stated, at para. 12 of Boyd v. Fields, [2006] O.J. No. 5762, Full and frank disclosure is a fundamental tenet of the Family Law Rules. However, there is also an element of proportionality, common sense, and fairness built into these rules. A party’s understandable aspiration for the outmost disclosure is not the standard. Fairness and some degree of genuine relevance, which is the ability of the evidence to contribute to the fact finding process are factors. I also observe that just as non-disclosure can be harmful to a fair trial, so can excessive disclosure be harmful because it can confuse, mislead or distract the trier of fact’s attention from the main issues and unduly occupy the trier of fact’s time and ultimately impair a fair trial.