BUHLER v BUHLER, 2022 ABQB 206

MANDERSHEID J

5.13: Obtaining records from others

Case Summary

The Applicant filed a Family Application against the Respondent, her ex-husband, for an Order compelling the Respondent to comply with a forensic audit to determine his true income and child support obligations and a share evaluation of a company. The Applicant was also seeking disclosure of the Respondent’s wife and the company’s financials.

The Court denied the Applicant’s request for financial disclosure of the Respondent’s current wife and the company’s financials because the Applicant failed to comply with Rule 5.13. Rule 5.13 requires an Applicant to provide notice to a person who is not a party to an action that he or she is seeking certain records. The Applicant failed to provide notice.

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