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My husbands lawyer will not hand over his financial

Customer Question
paperwork, how can I get...
My husbands lawyer will not hand over his financial paperwork, how can I get it?
Submitted: 1 year ago.Category: Canada Law
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Answered in 3 minutes by:
10/14/2016
Lawyer: Ulysses101, Lawyer replied 1 year ago
Ulysses101
Ulysses101, Lawyer
Category: Canada Law
Satisfied Customers: 3,606
Experience: 11 years experience in Canada family law, plus criminal, civil, and employment
Verified

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?

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Customer reply replied 1 year 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 reply replied 1 year ago
Can you please respond to the above
Lawyer: Ulysses101, Lawyer replied 1 year 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.

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Customer reply replied 1 year ago
Sorry I thought this was a Canada site, I will have to disconnect, thanks anyways.
Lawyer: Ulysses101, Lawyer replied 1 year 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?

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Customer reply replied 1 year ago
Can you answer the above for me.
Customer reply replied 1 year ago
Are you there?
Lawyer: Ulysses101, Lawyer replied 1 year 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?

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Customer reply replied 1 year ago
What kind of order do I need to file to get paperwork?
Lawyer: Ulysses101, Lawyer replied 1 year 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?

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Customer reply replied 1 year ago
Ok, thanks for all your help.
Lawyer: Ulysses101, Lawyer replied 1 year 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

Ulysses

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Ulysses101
Ulysses101
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Category: Canada Law
Satisfied Customers: 3,606
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Experience: 11 years experience in Canada family law, plus criminal, civil, and employment

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