What Is Disclosure in an Ontario Family Court Case and What Must I Provide?

Disclosure is about sharing information with the other side in a family case, and the rules set out when and how a party can get it, including through questioning and a required financial statement or net family property statement. What you must provide depends on your claims and on any court order, so a lawyer can confirm your list. One rule is clear: a party may question another party only after serving and filing any required answer, financial statement or net family property statement.

Questioning takes place orally, under oath or affirmation, and includes the right to cross-examine. Outside child protection cases, you can question another party only with consent or a court order. In child protection cases, a party is entitled to information from another party as of right, by questioning, a summons (Form 23), or an affidavit or a request for information (Form 20).

If someone does not obey a court order, the court may make any order it considers necessary, including costs, a penalty or fine, dismissing a claim, striking out documents, or a contempt order. Deadlines for providing documents depend on the case and on any order, so read every order and notice carefully. Hiding or refusing information is risky, and a lawyer can explain the consequences in your situation.