In family law proceedings related to the variation of child support payments, the Applicant applied for an Order to compel the Respondent to provide financial disclosure as contemplated in a Notice to Disclose. The Applicant had previously filed the Notice to Disclose pursuant to Rule 12.41. The Respondent objected to providing certain items requested in the Notice to Disclose.

Justice Marion noted that in divorce proceedings, where a final determination of child support has been made, and a Notice to Disclose pursuant to Rule 12.41 is employed before a variation Application is filed, the determination of whether an Order should be granted under Rule 12.41(5) should be considered in light of section 17 of the Divorce Act, RSC 1985, c 3 (2nd Supp).

Ultimately, after canvassing the jurisprudence, Justice Marion granted an Order pursuant to Rule 12.41(5) directing the Respondent to disclose certain items that were previously objected to.