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edits
Changes
→The Family Law Act
Subsection (2) is pretty important. It's there to encourage people to comply with their obligation to produce documents and information in the discovery and disclosure process by letting them know that the person they give their documents and information is required to keep those documents and information confidential. Those documents and information may not be used for any purpose except for the family law dispute, which means that they can't be copied and be given to relatives and coworkers, they can't be stapled to telephone poles, they can't be posted on Facebook, Twitter or Instagram, they can't be put up on someone's website, and they can't be emailed to journalists. Documents and information that are produced in the discovery and disclosure process are to be kept confidential!
212, 213
Orders respecting disclosure
212 (1) A court may at any stage of a proceeding make an order to disclose information in accordance with the Supreme Court Family Rules or the Provincial Court (Family) Rules.
(2) If an order is made under subsection (1), the court may order a party to pay, to the other party or to another person, all or part of the expenses reasonably and necessarily incurred in complying with the order.
(3) A person must not disclose information obtained under an order made under this section except
(a) as necessary to resolve a family law dispute, and
(b) in accordance with the order.
Enforcing orders respecting disclosure
213 (1) This section applies if a person
(a) fails to comply with
(i) an order for disclosure made under section 212 [orders respecting disclosure], or
(ii) a requirement to disclose information in accordance with the Supreme Court Family Rules or the Provincial Court (Family) Rules,
within the time or in the manner required by the order or Rules, or
(b) provides information that is incomplete, false or misleading.
(2) In the circumstances set out in subsection (1), the court may do one or more of the following:
(a) make an order under section 212;
(b) draw an inference that is adverse to the person, including attributing income to that person in an amount that the court considers appropriate, and make an order based on the inference;
(c) require a party to give security in any form that the court directs;
(d) make an order requiring the person described in subsection (1) to pay
(i) a party for all or part of the expenses reasonably and necessarily incurred as a result of the non-disclosure of information or the incomplete, false or misleading disclosure, including fees and expenses related to family dispute resolution,
(ii) an amount not exceeding $5 000 to or for the benefit of a party, or a spouse or child whose interests were affected by the non-disclosure of information or the incomplete, false or misleading disclosure, or
(iii) a fine not exceeding $5 000;
(e) make any other order the court considers appropriate.
CGS adopted by FLA
Adopted by s. 8 FLA Reg
==The Provincial Court==