Disclosure from Non-Parties

In child and/or spousal support cases, the issue of requiring non-parties to provide financial disclosure relating to one of the parties to the litigation, is often brought to light.

The relevant legislation with respect to non-party disclosure is found in the Family Law Rules of Ontario. Rule 19(11) of the Rules states as follows:

(11) If a document is in a non-party’s control, or is available only to the non-party, and is not protected by a legal privilege, and it would be unfair to a party to go on with the case without the document, the court may, on motion with notice served on every party and served on the non-party by special service,

(a) Order the non-party to let the party examine the document and to supply the party with a copy at the legal aid rate; and,

(b) Order that a copy be prepared and used for all purposes of the case instead of the original. O. Reg. 114/99, r. 19 (11).

The case of Bailey v. Bailey explains rule 19(11), as the Court set out six criteria that must be met for the court to exercise its discretion and rule in favor of the party requesting disclosure from a non-party to the litigation. The six criteria are:

• The documents requested are in a non-party’s control;
• The documents requested are exclusively available to the non-party;
• The documents requested are not shielded by legal privilege;
• An order refusing to compel the disclosure of said documents would prove unfair to the party requesting its disclosure;
• The documents requested are relevant and necessary; and,
• Notice must be provided to the non-party in possession the documents requested.

To learn more about disclosure from non-parties as well as the services provided by Krol & Krol, call 905.707.3370 today.