S.S. v. B.S.

S.S. v. B.S.

Dismissal: Nova Scotia Guidelines and Family Court rules do not plainly authorize the intrusive corporate disclosure sought, and even if the court had discretion to order it, the applicant failed to adduce any evidentiary basis showing relevance or necessity; mere suspicion is insufficient to override privacy interests of other shareholders and the corporation.

Citation
2006 NSFC 35
Parties
Applicant: S. S.; Respondent: B. S.
Court
Nova Scotia Family Court
Jurisdiction
Canada
Judgment Date
13 September 2006
Procedural Posture
Family Court Child Maintenance/disclosure Motion / Motion for Disclosure (interim)
Outcome
Application for corporate financial disclosure dismissed.
Legal Topics
Child Maintenance Guidelines, Corporate Financial Disclosure, Control of Corporation, Imputation of Income, Discovery/fishing Expedition
Source Language
English
Family Law Child Support Corporate Law Privacy Law Child Maintenance Guidelines Corporate Financial Disclosure Control of Corporation Imputation of Income +1 more

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Parties

S. S.

Applicant

B. S.

Respondent

Procedural Posture

Family Court Child Maintenance/disclosure Motion / Motion for Disclosure (interim)

Legal Issues

  1. 1 Whether the court has authority under Nova Scotia Guidelines or rules to order disclosure of corporate financial records
  2. 2 Whether the respondent 'controls' the corporation such that section 21(1)(f) of the Guidelines applies
  3. 3 Whether the applicant has presented sufficient evidence to justify intrusive disclosure (avoidance of a 'fishing expedition')

Ratio Decidendi

Dismissal: Nova Scotia Guidelines and Family Court rules do not plainly authorize the intrusive corporate disclosure sought, and even if the court had discretion to order it, the applicant failed to adduce any evidentiary basis showing relevance or necessity; mere suspicion is insufficient to override privacy interests of other shareholders and the corporation.

Court Disposition

Application for corporate financial disclosure dismissed.

Orders

  • Application for corporate financial disclosure dismissed.