In what circumstances will a court not find there to be a lack of disclosure of assets between a husband and wife?
Ontario, Canada
The following excerpt is from J.L.S. v. D.B.S., 2016 ONSC 1704 (CanLII):
For example, in Ablaka v. Ablaka, [1991] O.J. No. 758), even though the two parties did not make formal disclosure to each other, the court did not find there to be a lack of disclosure as the parties were aware of each other’s assets. The parties were “living and working together; their business office was in their home and they both had ready access to its contents; they were both intelligent and successful business people.” The court was satisfied that “each of them was fully and intimately aware of their own and the other's assets and liabilities” and there were no “significant assets or liabilities that were unknown to the [other]…”
The factors provided in Montreuil v. Montreuil, supra, at para 102 are, Whether the party who did not make full disclosure was asked to do so, Whether that party refused to do so Whether that party misrepresented or concealed financial facts Whether the other party had full financial information in any event Whether the other party would have signed the contract even if the disclosure had occurred
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