FamilyCounsel.ca

What changes should be made to family law?

These proposals let family law lawyers discuss and vote on what changes they think should be made to the law or court procedures. The results can be viewed and shared with legislators and the Courts. The proposals put forth are written by member lawyers, and do not necessarily reflect the views of this website or its administrators. You can view more proposals or make a proposal yourself.


Proposal: Keep family docket's method of addressing disclosure in place as is
Court Procedure - Nov 8, 2021

69% in favour out of 16 votes

Ken Proudman - 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 14 months 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 14 months ago

Wayne Barkauskas, K.C. - 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 14 months 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 14 months 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 14 months 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 4 months ago

You must log in or sign up to reply to conversations.











© 2016 to 2023 Kenneth J. Proudman. DISCLAIMER: The tools, documents, and other information herein are not legal, tax, or accounting advice or opinions. This website contains content and files submitted by third parties, to which you download or view at your own risk. By using this website, you agree to release Kenneth J. Proudman, BARR LLP, and Miller Boileau Family Law Group from all present and future claims and liability, including liability arising from any negligence.