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Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3406
Experience:  11 years experience in Canada family law, plus criminal, civil, and employment
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My husbands lawyer will not hand over his financial

Customer Question

My husbands lawyer will not hand over his financial paperwork, how can I get it?
Submitted: 5 months ago.
Category: Canada Law
Expert:  Ulysses101 replied 5 months ago.

Hello, thank you for the question.

Have they been ordered by the court to provide it?

Do they say why they won't hand it over?

Customer: replied 5 months ago.
No the courts haven't ordered it yet, they say if I want it I have to pay them .45cents per page and they will only give it to me if they have time. I have sent mine to them free of charge, I requested theirs on July 7, and they still will not let me have it, I even offered to come and copy it myself and they keep saying no to all my requests and offers.
Customer: replied 5 months ago.
Can you please respond to the above
Expert:  Ulysses101 replied 5 months ago.

I'm sorry, I don't do phone calls. This is a US based site and isn't a law firm, so phone calls are against my Law Society rules.

Well, how much is there? What would it cost? I'm not saying they are being reasonable or that you should pay, but I'm obviously curious about volume of the disclosure.

Customer: replied 5 months ago.
Sorry I thought this was a Canada site, I will have to disconnect, thanks anyways.
Expert:  Ulysses101 replied 5 months ago.

No, it's fine.

You're in the Canada Law category, and I'm an Ontario lawyer. The site is simply based in the US.

Can we continue?

Customer: replied 5 months ago.
Can you answer the above for me.
Customer: replied 5 months ago.
Are you there?
Expert:  Ulysses101 replied 5 months ago.

I'm here.

If they court hasn't ordered them to provide it, then technically they don't have to provide it. It sounds like they are just trying to stall you.

So, if necessary you need to get an order that they provide it. Photocopying costs are silly these days; they could load it into a modern copy machine, hit one "scan" button, then send it to you electronically.

If there is an order that they disclose and they won't, then you either bring this up next time you're in front of a judge or you bring a motion for contempt. A lawyer should handle that for you if you go this route; it can be complicated and the paperwork has to be completed precisely correctly.

Does that make sense?

Customer: replied 5 months ago.
What kind of order do I need to file to get paperwork?
Expert:  Ulysses101 replied 5 months ago.

A standard form motion, requesting that they other party disclose the information, and being specific about what you want. With an affidavit about why you need it and your attempts to get it on your own without a court order. It's not super complicated, but if you do it incorrectly or unnecessarily then you could be on the hook for a costs claim from the other side.

Please get a lawyer to help you with it.

Anything else about this to discuss?

Customer: replied 5 months ago.
Ok, thanks for all your help.
Expert:  Ulysses101 replied 5 months ago.

You're very welcome.

If we are finished, may I please have a positive service rating now? Ratings are how I get credit from the site for helping its customers. I'd appreciate it.

Good luck


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