Proposal: Keep family docket's method of addressing disclosure in place as ... - FamilyCounsel.ca - resources and tools for Family Law Lawyers

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Proposal: Keep family docket's method of addressing disclosure in place as is Court Procedure - Nov 8, 2021
Agree Disagree Skip 65% in favour out of 17 votes

Ken Proudman

Executive
view Arbitrator profile
BARR LLP
Edmonton, Alberta

The QB's Family Law Consulting Committee is seeking feedback relating to the family court disclosure process, so I thought I'd post this here so that I could pass along any feedback. Please provide any feedback before Nov 17, 2022. Alternatively, you can send your feedback directly to Teri Burant at tburant@emeryjamieson.com or 780-970-6291.

0 2 years ago

Christopher King

CK Family Law
Edmonton, Alberta

In the majority of cases agreeing to exchange disclosure at Docket is sufficient. However, with a difficult opposing party or no need to attend Docket, the Notice to Disclose (via desk application) lacks the teeth and efficiency of the old Notice to Disclose with a Court date. On the issue of disclosure specifically, I'd prefer a method to bypass Docket entirely to address disclosure issues.

2 2 years ago

Wayne Barkauskas, K.C.

Executive
view Arbitrator profile
Wise Scheible Barkauskas
Calgary, Alberta

I agree with Christopher, but also, if we ever get to a place where Masters could take on some of the workload, as this is a procedural and evidentiary issue, perhaps Masters could manage bare disclosure applications.

2 2 years ago

Dawn Nelson
Dawn L. Nelson, Barrister & Solicitor
Edmonton, Alberta

We are now cluttering up the Docket list with discussions about disclosure, just like the pre-pandemic days of cluttering up the Chambers list. Use the desk process, and even better, just do it voluntarily given that it is a mandatory step anyway.

1 2 years ago

Anne McVea

Reliance Legal Group LLP
Calgary, Alberta

The current method allows parties to avoid providing financial disclosure if they choose not to. I don't think that is helpful. It is beneficial that Family Docket Court routinely sets a date for the exchange of financial disclosure as part of another application process for child support or whatever but , if one party fails to do so, then the Applicant has to write up a Disclosure Order and then make an application for contempt of court...or something.

1 2 years ago

Anonymous 2019
Edmonton Region, Alberta

The desk process for disclosure was a disaster. It took 2 months to get filed, and on the expiry it took another 2 months to get the order, which referenced "30 days" - from what? The day the order was signed? That had already passed. That was ignored and I had to go to docket. He then ignored the docket directions, and at specials the judge said there was no proof that he had been "hiding information". The limited response he did provide was incomplete and appended to my client's Affidavit as proof and the court did nothing about the deficiencies. The endorsement should be very clear that it is an Order and subject to contempt. I'm now asking for a chambers date with filing deadlines.

0 18 months ago

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