In Frost v. Frost, 2024 ONSC 2594 (CanLII), <https://canlii.ca/t/k4ggj> the Ontario Superior Court dealt with a motion brought by the Respondent regarding alleged breaches of court orders and non-compliance with Family Law Rules (FLR) regarding disclosure. The Respondent seeks an order for disclosure and costs. The Applicant opposes the motion, asserting compliance with disclosure requirements.

The parties were married and are now separated, with outstanding issues concerning equalization and spousal support, involving significant financial sums. The Respondent seeks disclosure from a non-party, TD Waterhouse Canada Inc., regarding investment accounts. The court finds this request relevant and grants an unopposed order.

Regarding the balance of the Respondent’s motion, the court emphasizes the need for proportionality in disclosure requests. It cites case law emphasizing the importance of relevance and fairness in disclosure, warning against excessive demands. The court criticizes certain disclosure requests by the Respondent as excessive, unnecessary, and disproportionate, dismissing the remainder of the motion.

Costs are to be determined, with the Applicant presumed to be entitled unless otherwise agreed upon. The court sets deadlines for cost submissions and outlines formatting requirements.

Main Takeaways:

  1. Compliance with disclosure obligations is crucial in family law matters.
  2. Requests for disclosure must be relevant, reasonable, and proportionate.
  3. The court will dismiss excessive or irrelevant disclosure requests.
  4. Proportionality and fairness are fundamental principles in family law proceedings.
  5. Cost allocation will be determined based on the outcome of the motion, with specific guidelines provided for submissions.

For more detailed information, you can refer to the CanLII website.

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