Digest: S.B.R. v L.L.R., 2018 SKQB 177

• Date: June 18, 2018

Reported as: 2018 SKQB 177

Docket Number: QB17566 , DIV 10/17 JCS

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Wilkinson

Subjects:

• Civil Procedure � Family Law Proceedings � Notice to Disclose
• Civil Procedure � Queen�s Bench Rules, Rule 15-33

Digest: The parties separated in November 2015. The petitioner petitioned for divorce and division of family property in January 2017. His initial property statement indicated there was approximately $253,700 in net family property for division, which represented the value of a residential construction corporation founded by the couple. The parties were equal participating shareholders, but the respondent�s shares were non-voting. The petitioner retained exclusive control of the management of the corporation. The respondent began a nursing degree before the marital breakdown and she commenced employment in July 2017. Her annual income was $19,700. In his 2017 financial statement the petitioner declared an annual income of $106,500 with non-monetary benefits from the corporation of $15,000. He claimed annual expenditures of $206,699 creating an annual deficit of $122,500. The respondent applied to the court to order the petitioner to comply with her notice to disclose, served upon him in March 2018 pursuant to Queen�s Bench rule 15-33(2). In the notice, she requested updated financial and property statements, the petitioner�s 2016 and 2017 personal income information, three years of corporate financial statement and general ledgers, corporate tax returns for 2014 to 2017 and personal and corporate bank statements for the past three years. The petitioner did not reply within the 30 days provided by the rule and the respondent made this application on the basis that the information was required to determine the petitioner�s income for support purposes and to verify assets, debts and values related to the division of family property. The petitioner�s reply was filed a month overdue. He provided an updated financial and property statement, a copy of his 2016 income tax return and assessment and supplied authorization permitting the respondent to obtain information directly from his bookkeeper, accountant, banks and life insurance company. The respondent submitted that this reply was not within the spirit and intent of the Queen�s Bench rules regarding the disclosure obligation. The petitioner argued that as the respondent�s notice contained a direction to provide...