What is the current state of the law on disclosure in a family law case?

Ontario, Canada


The following excerpt is from Zafir v. Diamond, 2008 CanLII 15231 (ON SC):

I adopt also the approach of Czutrin J. in Boyd v. Fields, [2007] O.J. No. 5262 at paragraph 6 and 7. He confirms the importance of disclosure, but also confirms that alternatives to questioning should be explored. The right to question is not automatic: Questioning is but one method of obtaining information from a non-party. The Rule also provides for affidavits “or by any other method about any issue in the case” and then three conditions are set out. This Rule must be considered in context of the objectives of the Family rules including: (i) The Family Rules do not allow for a general right to question, even a party, but is specific as to when there is a right to question without an order. (ii) An order is required here for both party and non-party questioning. (iii) Questioning when ordered has to relate to an issue in the case. (iv) Where a non-party is ordered to be questioned it is to be about an issue between the parties.

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