Can the court order third parties to provide information or documentation relating to divorce?

According to Ontario law, both parties involved in the divorce process are required to disclose specific information to one another. For example, they are required to provide financial disclosure to each other in order to properly divide their financial affairs.

Whether or not the obligation to disclose information during the divorce process in Ontario extends to third parties, also known as individuals who are not the two people trying to obtain a legal divorce, is not as clear-cut.

It is possible that the court will compel third parties to produce specific documents, to testify, or provide evidence that apply to the divorce process in Ontario. Circumstances whereby one party is acquiring additional non-disclosed income, and the evidence to prove so lies with a third party, are circumstances whereby the court may require individuals besides the two parties getting divorced, to provide evidence.

If an individual wishes to have a third party compelled by the Ontario courts to disclose specific evidence, they must prove the following:

• That the information is necessary to prove an aspect of the court case;
• That the information is relevant to the issues at hand;
• That it would be unfair to the individual if the information was not produced; and,
• It is also important to ensure that by acquiring this information the court is not infringing on the rights of the opposing party.

The court will take the above factors into consideration and examine whether or not it is necessary to reach out to a third party during the divorce process in Ontario, based on the case’s unique circumstances.

If you are entering the divorce process in Ontario, phone one of our experienced Toronto family lawyers today for a consultation at 905.707.3370.