Buchhofer v. Buchhofer

Buchhofer v. Buchhofer

The court found the requested financial and corporate documents relevant to spousal support and matrimonial property claims under the Divorce Act and Matrimonial Property Act and compelled disclosure under the Civil Procedure Rules; because respondent repeatedly failed to provide timely disclosure and efforts were late or incomplete the court ordered specified disclosure within fourteen days and awarded costs to the petitioner in a fixed amount of $5,000 to compensate for delay and unnecessary expense.

Citation
2015 NSSC 154
Parties
Petitioner: Gudrun Buchhofer; Respondent: Werner Buchhofer
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
22 May 2015
Procedural Posture
Divorce; Family Law / Pre Trial Disclosure Motions
Outcome
Disclosure ordered and costs awarded to petitioner
Legal Topics
Spousal Support, Matrimonial Property, Disclosure, Discovery, Costs, Imputation of Income
Source Language
English
Family Law Divorce Property Law Civil Procedure Spousal Support Matrimonial Property Disclosure Discovery +2 more

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Parties

Gudrun Buchhofer

Petitioner

Werner Buchhofer

Respondent

Procedural Posture

Divorce; Family Law / Pre Trial Disclosure Motions

Legal Issues

  1. 1 Whether requested bank, tax and corporate documents are relevant and must be disclosed
  2. 2 Whether the parties' statements of income, expenses and property complied with Civil Procedure Rules and Divorce Act requirements
  3. 3 Whether costs should be awarded for failure to disclose and delay

Ratio Decidendi

The court found the requested financial and corporate documents relevant to spousal support and matrimonial property claims under the Divorce Act and Matrimonial Property Act and compelled disclosure under the Civil Procedure Rules; because respondent repeatedly failed to provide timely disclosure and efforts were late or incomplete the court ordered specified disclosure within fourteen days and awarded costs to the petitioner in a fixed amount of $5,000 to compensate for delay and unnecessary expense.

Court Disposition

Disclosure ordered and costs awarded to petitioner

Orders

  • Disclosure of all documents respondent brought to the May 11, 2015 hearing to be provided within 14 days
  • Signed authorizations for bank disclosures to be provided within 14 days