RULE 27:  REQUIRING FINANCIAL INFORMATION

REQUEST FOR FINANCIAL STATEMENT

27.  (1)  If a payment order is in default, a recipient may serve a request for a financial statement (Form 27) on the payor.  O. Reg. 114/99, r. 27 (1).

EFFECT OF REQUEST FOR FINANCIAL STATEMENT

(2)  Within 15 days after being served with the request, the payor shall send a completed financial statement (Form 13) to the recipient by mail, fax or electronic mail.  O. Reg. 114/99, r. 27 (2).

FREQUENCY OF REQUESTS FOR FINANCIAL STATEMENTS

(3)  A recipient may request a financial statement only once in a six-month period, unless the court gives the recipient permission to do so more often.  O. Reg. 114/99, r. 27 (3).

ApplicatioN of rule 13

(4)  If a party is required under this rule to give a financial statement, the following subrules apply with necessary changes:

13 (6) (full disclosure)

13 (7) (income tax documents)

Note:  On July 1, 2004, subrule (4) is amended by adding “or (7.1)” immediately after “13 (7)”.  See:  O. Reg. 89/04, ss. 10, 18.

13 (11) (additional information)

13 (12) (updating financial statement)

13 (15) (correcting and updating)

13 (16) (order to file statement)

13 (17) (failure to file).

O. Reg. 114/99, r. 27 (4).

ORDER FOR FINANCIAL STATEMENT

(5)  The court may, on motion, order a payor to serve and file a financial statement.  O. Reg. 114/99, r. 27 (5).

FAILURE TO OBEY ORDER

(6)  If the payor does not serve and file a financial statement within 10 days after being served with the order, the court may, on motion with special service (subrule 6 (3)), order that the payor be imprisoned continuously or intermittently for not more than 40 days.  O. Reg. 114/99, r. 27 (6).

REQUEST FOR STATEMENT OF INCOME FROM INCOME SOURCE

(7)  If a payment order is in default, the recipient may serve a request for a statement of income (Form 27A) on an income source of the payor, requiring the income source to prepare and send to the recipient, by mail, fax or electronic mail, a statement of income (Form 27B).  O. Reg. 114/99, r. 27 (7); O. Reg. 544/99, s. 12.

FREQUENCY OF REQUESTS FOR STATEMENT OF INCOME

(8)  A recipient may request a statement of income from an income source only once in a six-month period, unless the court gives the recipient permission to do so more often.  O. Reg. 114/99, r. 27 (8).

ORDER FOR STATEMENT OF INCOME

(9)  The court may, on the recipient’s motion, order an income source to serve and file a statement of income.  O. Reg. 114/99, r. 27 (9).

INCOME SOURCE’S FAILURE TO OBEY ORDER

(10)  If the income source does not serve and file a statement of income within 10 days after being served with the order, the court may, on the recipient’s motion, order the income source to post a bond (Form 32).  O. Reg. 114/99, r. 27 (10).

APPOINTMENT FOR FINANCIAL EXAMINATION

(11)  If a payment order is in default, the recipient may serve on the payor, by special service (subrule 6 (3)), an appointment for a financial examination (Form 27C), requiring the payor to,

(a)   come to a financial examination;

(b)   bring to the examination any document or thing named in the appointment that is in the payor’s control or available to the payor on request, relevant to the enforcement of the order, and not protected by a legal privilege; and

(c)   serve a financial statement (Form 13) on the recipient, not later than seven days before the date of the examination.  O. Reg. 114/99, r. 27 (11).

FINANCIAL EXAMINATION OF PERSON OTHER THAN PAYOR

(12)  If a payment order is in default and a person other than the payor may know about the matters listed in subrule (17), the recipient may require that person to come to a financial examination by serving a summons to witness (Form 23) and the witness fee (subrule 23 (4)) on the person by special service (subrule 6 (3)).  O. Reg. 114/99, r. 27 (12).

PLACE WHERE FINANCIAL EXAMINATION HELD

(13)  A financial examination shall be held,

(a)   in a place where the parties and the person to be examined agree;

(b)   where the person to be examined lives in Ontario, in the municipality where the person lives; or

(c)   in a place chosen by the court.  O. Reg. 114/99, r. 27 (13).

OTHER RULES APPLY

(14)  Subrules 19 (4), (5) and (8) (documents protected by legal privilege, use of privileged documents, documents omitted from affidavit) and 23 (7) (failure to obey summons) apply to a financial examination, with necessary changes.  O. Reg. 114/99, r. 27 (14).

NOTICE OF TIME AND PLACE OF EXAMINATION

(15)  A payor who is served with an appointment or a person who is served with a summons for a financial examination shall have at least 10 days’ notice of the time and place of the examination.  O. Reg. 114/99, r. 27 (15).

BEFORE WHOM EXAMINATION IS HELD, METHOD OF RECORDING

(16)  A financial examination shall be held under oath or affirmation, before a person chosen by agreement of the payor and recipient or in accordance with subrule 20 (12) (other arrangements for questioning), and shall be recorded by a method chosen in the same way.  O. Reg. 114/99, r. 27 (16).

SCOPE OF EXAMINATION

(17)  On a financial examination, the payor or other person may be questioned about,

(a)   the reason for the payor’s default;

(b)   the payor’s income and property;

(c)   the debts owed to and by the payor;

(d)   the disposal of any property by the payor either before or after the making of the order that is in default;

(e)   the payor’s past, present and future ability to pay under the order;

(f)   whether the payor intends to obey the order, and any reason for not doing so; and

(g)   any other matter relevant to the enforcement of the order.  O. Reg. 114/99, r. 27 (17).

RESISTANCE TO EXAMINATION

(18)  Subrule (19) applies if a payor who is served with an appointment or a person who is served with a summons for a financial examination,

(a)   does not come to the examination as required by the appointment or summons;

(b)   does not serve on the recipient a financial statement as required by the appointment;

(c)   comes to the examination, but does not bring a document or thing named in the appointment or summons; or

(d)   comes to the examination, but refuses to take an oath or affirm or to answer a question.  O. Reg. 114/99, r. 27 (18).

ORDER FOR ANOTHER EXAMINATION

(19)  The court may, on motion, make an order and give directions for another financial examination of the payor or other person and may in addition require the payor or person to post a bond (Form 32).  O. Reg. 114/99, r. 27 (19).

IMPRISONMENT

(20)  If a payor or other person, without sufficient excuse, fails to obey an order or direction made under subrule (19), the court may, on motion with special service (subrule 6 (3)), order that the payor or person be imprisoned continuously or intermittently for not more than 40 days.  O. Reg. 114/99, r. 27 (20).

IMPRISONMENT POWER IS ADDITIONAL

(21)  The court may exercise its power under subrule (20) in addition to or instead of its power of forfeiture under rule 32 (bonds, recognizances and warrants).  O. Reg. 114/99, r. 27 (21).

FREQUENCY OF EXAMINATIONS

(22)  A recipient may conduct only one financial examination of a payor and one financial examination of any other person in a six-month period, or more often with the court’s permission.  O. Reg. 114/99, r. 27 (22).