Disclosure and Discovery in Supreme Court Family Law Proceedings

The disclosure and discovery process is all about learning — or "discovering" — the other party's case. It involves exchanging relevant information and documents with the other party, organizing the documents, evaluating the strengths and weaknesses of all the parties' evidence before trial, and hopefully reducing the number of facts that you and the other party disagree about so that everyone can focus their efforts and be more efficient with their time if a trial does need to happen.

By going through the disclosure and discovery process, you might discover that your case is stronger or weaker than you first thought, and so will the other side. You will have a better understanding of your chances of success, and be in a better position to either propose a settlement or respond to any settlement offers from the other party.

As you begin the process, it's wise to consult a lawyer who can advise you on what must be disclosed to the other party, what you need to prove in court for your case to succeed, and what information to look for in the other party's case. A growing number of lawyers offer what's called unbundled legal services, which means they will take on certain tasks, but not all. If you want unbundled legal help to fit your budget, see the People's Law School website for Unbundled Legal Services. If your household income meets the eligibility criteria, you can also ask a duty counsel or call the Family LawLINE service who may provide some free legal advice.

Introduction

In Canada, we don't litigate with cards up our sleeves. Instead, everyone's cards are on the table, face up. This may not make a lot of sense right away, partly because of what we see in American movies and television shows, but the point is that the courts want to give each party the best possible chance of settling without having to go through a trial. The only fair way to do this is to ensure parties show what cards they are holding early on. As Justice Punnett said, in the 2013 BC Supreme Court case of J.D.G. v J.J.V., 2013 BCSC 1274, "the goal of proper disclosure is to enable the parties to resolve their dispute." Justice Fraser was even more blunt, in his 1994 decision in a BC Supreme Court case called Cunha v Cunha, 1994 CanLII 3195 (BC SC):

"Non-disclosure of assets is the cancer of matrimonial property litigation. It discourages settlement or promotes settlements which are inadequate. It increases the time and expense of litigation. The prolonged stress of unnecessary battle may lead weary and drained [parties] simply to give up and walk away with only a share of the assets they know about, taking with them the bitter aftertaste of a reasonably-based suspicion that justice was not done."

Providing relevant information in advance of trial makes it possible to settle a dispute without appearing in court. Hearings and trials are expensive, and not just for the parties. The government and the courts are interested in encouraging settlement and reducing the administrative burden of holding hearings and trials for every family law dispute. The better each party understands both their own case's strengths and weaknesses, and the other party's, the more likely they are to reach a reasonable compromise. The lawmakers and the court administration know this.

As a result, the legislation and regulations — notably the Supreme Court Family Rules, Family Law Act, Divorce Act, and Child Support Guidelines — are full of mechanisms intended to speed up the disclosure and discovery process. A lot of the document disclosure rules apply automatically, and the court forms you must complete will include, or at least list, essential documents and evidence. When you need to dive deeper, the Supreme Court Family Rules set further procedures for demanding more documents and pre-trial discovery. You'll also learn about these in this section of the chapter.

Disclosure and discovery is a critical stage of the litigation process that the BC Supreme Court takes very, very seriously. This is why there are so many rules around it. In this section we will use the term "disclosure" to refer generally to the process of disclosure and discovery, although simply speaking "disclosure" is the process of revealing your own relevant documents, while "discovery" is more associated with investigating and obtaining evidence from the other side.

In this section we will discuss:

Document disclosure laws — what the Supreme Court Family Rules and legislation tell you about what documents you and the other party must automatically provide, and the conditions and consequences imposed on parties.
Court forms for disclosure — what forms you need to prepare to comply with the automatic document disclosure requirements, and how to complete them and keep them current.
Pre-trial discovery — what pre-trial procedures are available for cross-examination of another party or a witness, obtaining answers to questions or more disclosure, and getting admissions from the other party to ensure an efficient trial, or better yet encourage settlement.

Laws for disclosure in BC Supreme Court

Litigants must become familiar with the Supreme Court Family Rules, especially Parts 5 an 9. Key provisions in other legislation and regulations, notably the Family Law Act, Divorce Act, and the Child Support Guidelines, are also important because they set out specific requirements for document disclosure, allow judges to impose penalties for non-compliance, and reinforce confidentiality so that parties can share information with less fear it will be used for inappropriate purposes or shared with others outside the family law case.

The Supreme Court Family Rules

The Supreme Court Family Rules, BC Reg 169/2009, is a regulation under the Court Rules Act, RSBC 1996, c 80, which is the source of authority for the various rules applied in BC's courts. The practices and procedures within the Supreme Court Family Rules apply to family law cases in BC Supreme Court. The Supreme Court Family Rules is divided into Parts, and a couple of these are especially relevant to disclosure and discovery:

Part 5 — Financial Statements
Part 9 — Procedures for Obtaining Information and Documents

Before looking at these Parts and the specific disclosure rules, it's worth noting the objectives of the BC Supreme Court Family Rules. Rule 1-3, is titled "Object of Rules". It basically says:

The court wants to help parties resolve the legal issues in their case fairly.
The court wants to reduce the negative impact that litigation has on children.
The court wants to help parties minimize conflict and promote cooperation.
The court wants family law cases to be determined on their merits, but in a just, speedy, and inexpensive manner.

The court's objective is not to hold trials and have judges read absolutely every scrap of evidence, even though more evidence must be better for determining the "merits" of a case. This is important to keep in mind when talking about disclosure obligations.

In fact, relying on judges to solve everything, going through lengthy trials, and insisting on lots and lots of evidence usually goes against the core objectives of the Supreme Court Family Rules. Some thoughts to consider:

If a judge has to give a decision, even if it's a fair one, it means the parties have failed to resolve their own legal issues — and a fair settlement or compromise that the parties control is better than a fair decision from a judge
If the parties can only resolve things in court, it means the children undergo a longer period of stress waiting for the litigation to conclude — and a timely settlement is easier on children than a long, drawn-out litigation.
If the parties are arguing in court, they are likely high in conflict and low in cooperation — parties who separate but are still able to negotiate reasonable compromises are going to find it easier and less stressful to move forward as co-parents and as happier people.
If every legal issue is being argued at trial, no matter how minor, and every fact is being disputed with lengthy and redundant evidence, then even if the merits of each party's case is being painstakingly revealed, clearly something is wrong, slow, and expensive about the process — even if the case is very complicated, the parties are very wealthy, or there is something much larger at stake, keep the demands for documents and other information proportionate to the legal issues.

The part about resolving cases in a "just, speedy, and inexpensive" manner, raises an important principle, which is proportionality, and Rule 1-3(2) explains this:

Proportionality

(2) Securing the just, speedy and inexpensive determination of a family law case on its merits includes, so far as is practicable, conducting the family law case in ways that are proportionate to

(a) the interests of any child affected,

(b) the importance of the issues in dispute,

(c) the complexity of the family law case.

What you should keep in mind, when it comes to disclosure and discovery under the Supreme Court Family Rules, is that while disclosure is important, the courts expect parties to be proportionate when they produce or demand documents, and that they avoid unnecessary conflict.

That being said, let's consider the critical rules you should know about right away.

Everything in Part 5 of the Supreme Court Family Rules is essential for understanding financial disclosure, while Rule 9-1 is essential because it explains procedures for disclosing and inspecting documents. These rules are important because:

they apply early on in the litigation process, and
they impose automatic obligations that are triggered when a party decides to defend against a party's claims.

Rule 9-1 is highlighted in particular, not because the rest of the rules in Part 9 are not important, but because Rule 9-1 comes into play immediately. It is not dependent on the decisions or trial strategy of either party. The other procedures in Part 9 are discussed further below, under the "Pre-trial discovery" heading.

Rule 5-1 - Financial Statements

The Supreme Court Family Rules is divided up into "Parts". Most parts contain a number of "Rules", and below that "sub-rules". Financial disclosure is so important in family law litigation that the Supreme Court Family Rules dedicate an entire part (Part 5) to the topic of financial statements — and Rule 5-1 is the only rule in that part.

Rule 5-1 includes directions for how and when parties must share financial information, especially in the Form F8 Financial Statement which is a very important document in this context. You will read more about the Form F8 below, but here is a quick introduction to the rule.

The rule starts by spelling out important definitions and terms, such as exactly what "applicable income documents" are. The rule explains who must file a Form F8 Financial Statement, which depends on the orders being asked for, and who is asking for them.

Parties asking for an order: If you are asking for orders about division of property and debt, spousal support, or (in some circumstances) child support, you must file and serve a Form F8 Financial Statement within 30 days of filing your Form F3 Notice of Family Claim or Form F5 Counterclaim. If children primarily reside with you (i.e. not a split or shared parenting arrangement) and you are asking for child support in the basic table amount set by the Child Support Guidelines only (i.e. not seeking an order about section 7 expenses), then you do not need to file a Form F8. More often than not, however, the financial circumstances of a party — what they earn, what they own, etc. — is important information that the other party and the court needs to know.

Here are some examples of when you need to file a Form F8 Financial Statement:

If you are asking for spousal support
If you are asking for division of property or debt
If you are asking for a child support order and there is a shared parenting arrangement

In these situations you would need to provide the other side with your Form F8 Financial Statement within 30 days of filing your Form F3 Notice of Family Claim (if you are the claimant in the proceeding), or your Form F5 Counterclaim (if you are the respondent).

Parties defending against another party's request for an order: The party who is asked to pay spousal support or child support (in all circumstances), or who is responding to another party's claims for division of property and debt must file and serve a Form F8 Financial Statement within 30 days of being served with the other party's Form F3 Notice of Family Claim (or Form F5 Counterclaim). Note that for child support claims, the defending party must always complete a Form F8.

Because the purpose of the rules around financial statements is financial transparency, the parties are often required to update their Form F8 Financial Statements, or complete them in greater detail. If either party receives a Form F8 Financial Statement from the other side which is too vague, that party can ask the other side that prepared it to provide more details, and Rule 5-1(13) addresses this. Financial circumstances can change over time too, and litigation is not always the swiftest process. Parties have to keep the information in their Form F8s up-to-date and accurate, and Rule 5-1(15) spells this out.

Lastly, the rule reinforces confidentiality. Anyone — not just the parties — who has access to the financial documents under this rule must keep the documents in confidence and not disclose them except under specific circumstances.

Rule 9-1 - Discovery and Inspection of Documents

Rule 9-1 of the Supreme Court Family Rules governs broader document disclosure obligations in family law cases. Every party is subject to this rule.

It says every party must fill out and serve the other side with a Form F20 List of Documents. This is one of the first steps the parties must take in their litigation journey. The Form F20 lists documents relevant to a material fact, and documents the party intends to rely on at trial. You will read more about the Form F20 below, but we will introduce the rule that governs it here.

Rule 9-1(1) talks about the scope of documents you need to list. You must list all documents that are or have been in your possession or control, and specifically those documents that could, if available, be used by you or the other party at trial to prove or disprove a material fact. You also have to list documents that you intend to use at trial.

A material fact is any fact that is essential for a judge to resolve in order to decide the main issues before the court. Rule 9-1 prioritizes listing documents that could prove or disprove any material fact (even if they are no longer in your possession or control).

By contrast, a collateral fact is a fact that is less relevant to a judge, but might be relevant in the broader context. These might come up in a case, but they are not essential for a judge to decide in order to make an order. A common example is a collateral fact related to credibility. Rule 9-1(1), as a starting point, does not require you to disclose documents that prove or disprove a collateral fact, and you do not need to list every document relating to every matter in question.

If you plan to use a document at trial to support your case, you must list those also. You might anticipate referring to documents at trial which establish facts that could be helpful to your case or damaging to the other party's case, but which are more collateral than material in terms of relevance. Perhaps you have old text messages showing that the other party was comfortable lying to their employer about being sick, and you anticipate using this at trial to question their credibility. Even if the document doesn't go to a core question (like whether they are lying about their need to relocate with a child for work), it needs to be listed if you anticipate using it to impeach that person's credibility during trial.

If there are materially relevant documents that you do not intend to use, such as ones that do not support your case, you must list those too. And in case you are wondering, "document" has an extended meaning and includes paper documents and electronic records, but also a photograph, film, recording of sound, and any information recorded or stored by means of any device.

Rule 9-1 has many sub-rules that allow parties to demand additional disclosures, challenge claims of privilege, inspect and copy documents, and seek court orders for production when necessary.

Rule 9-1(7) says that if either party receives a Form F20 List of Documents that is incomplete (i.e. it didn't include documents that are relevant to a material fact), that party can demand the other party to amend their list of documents and provide an updated one.

Often more documents are found or remembered, and sometimes pleadings are amended to include requests for other kinds of orders. The automatic disclosure requirements continue to apply in these situations. Rule 9-1(6) says that parties must promptly amend their Form F20 List of Documents to keep them up-to-date.

Updating the list in response to another party's demand, or updating one's list on one's own initiative can mean numerous updates to a Form F20 over time. That is normal.

"Two-tier" disclosure process

The Supreme Court Family Rules' document disclosure process has been described as "two-tier". The first tier consists of all the disclosure requirements that are automatic under the rules:

Form F8 Financial Statements (where applicable) need to be filed and served along with the various financial documents by default.
Form F20 List of Documents need to be prepared, and parties have to disclose all documents that are relevant to a material fact, or that they may want to refer to at trial.

The hope of the court is that, in most cases, the parties' disclosure needs will be satisfied at this first tier. Demands by either party under Rule 9-1(7) are common, and some negotiation between the parties about what kinds of documents should be treated as relating to a material fact, are not uncommon. This is all routine.

The second tier of document disclosure is for parties who seek documentary evidence that goes beyond proving or disproving a material fact. Parties don't automatically list documents that "relate to any or all matters in question in the family law case", and that's because the Supreme Court Family Rules don't require them to. It's also because less relevant documents are usually less useful to a judge, and the people who wrote the rules know that. Proportionality is an important principle, and transparent disclosure between parties does not mean that every document that was ever created over the course of a relationship needs to end up before a judge, or considered by the other party in order to reach a fair and informed settlement of the important issues.

Nonetheless, Rule 9-1(8) allows you to demand documents (or classes of documents) of lesser relevance if:

they are actually within the other party's possession, power or control,
you can identify a good reason why they should be disclosed, and
you can identify what kinds of documents you are demanding with reasonable specificity.

A demand under Rule 9-1(8) must be in writing, and it must meet the conditions just mentioned. The other party receiving this demand has 35 days from that point to either list the additional documents, or provide an explanation as to why they cannot list additional documents (see Rule 9-1(9)).

If you have demanded additional documents under Rule 9-1(7) or (8) and are not satisfied with the other side's response, you can apply to court for production of documents under Rule 9-1(10) after 35 days.

Applications and court orders for disclosure

When parties are unsuccessful after trying to resolve their disagreement about what kinds of financial information or other documents are reasonable to disclose, and if demands for financial particulars under Rule 5-1(13), or for other documents under Rule 9-1(7) or (8) are refused, then there are a few options.

When it's early in the litigation, and a judicial case conference has not happened yet, it can be efficient to wait until you and the other party are before a judge at the conference, and try to raise the issue at that meeting. If the litigation has been going on a while, and there are other case planning problems to deal with, scheduling a case planning conference might be a good option. You can read about the powers of a judge during case conferences in this chapter, under the Conferences and Supreme Court Family Law Proceedings section.

Otherwise, parties who cannot agree about disclosure demands can apply to court. Applications to court are dealt with under Part 10 of the Supreme Court Family Rules, and would rely on Rule 5-1(14) in the case of financial particulars in Form F8, and Rule 9-1(10) in the case of other documents.

Before making an application under Rule 9-1(10), be aware of key principles the courts consider in applications under this rule:

Parties should engage in discussion and try to resolve the issue before embarking on an expensive court application. An applicant should be prepared to show how they attempted to have a dialogue with the other side before resorting to court.
An applicant should carefully go through documents already disclosed and be able to explain why more is necessary before they file an application.
An applicant seeking further document disclosure under Rule 9‑1(8) must show, with some evidence, that the documents exist and may be relevant. Examination for discovery or references within already-produced documents can help establish this.
The courts do not like "fishing expeditions". Letters of demand that indicate a party is merely exploring for possible documents may not be enough to get a court order if those documents are not clearly identified or confirmed to exist.
A court will not order disclosure of documents that do not exist or are not in the party’s possession, power, or control.
Seeking documents for the sole purpose of challenging the other side's credibility is not good enough to get an order for their disclosure.
Document disclosure must be proportionate to the importance and complexity of the issues in dispute. Basic disclosure under Rule 9‑1(1) will be sufficient in most cases, and additional disclosure under Rule 9‑1(8) requires justification and must meet the proportionality test.

Cases like Parise v. Adelson, 2021 BCSC 891, and Mossey v. Argue, 2013 BCSC 2078 are useful to review. They warn against applying for documents merely out of mistrust and suspicion that the other side is hiding something. In Etemadi v. Maali, 2021 BCSC 1003, both parties made sweeping demands for further disclosure, and not many were successful since the court suspected a "fishing expedition".

Should you need to make an application following a party's refusal to your demand for more disclosure, make sure your written correspondence with the other party explained specific and focused reasons in the first place, rather than simply suspicions. Pin down the specific documents that appear to be improperly withheld. If you do not have enough information at this early stage to pin down what these documents are and how they relate to the case, consider waiting to conduct an examination for discovery of the other party (discussed below). While Rule 9-1(8) allows you to demand a broader scope of documents, if you want a judge to order their disclosure, the judge still needs you to show a plausible connection between the documents being requested and the issues in the pleadings, and some indication they actually exist in the other party's possession or control. Otherwise, you risk wasting your time and even an order against you for costs, should the judge see your application to court as merely a fishing expedition.

Disclosure required by legislation

As mentioned, the Supreme Court Family Rules is not the only source of law relevant to disclosure. Some legislation and regulations contain specific disclosure requirements, as well as consequences (e.g. fines) that a judge may order if a party fails to meet their requirements, or if a party does not respect confidentiality. These laws around disclosure work alongside the specific rules in the Supreme Court Family Rules, so you need to understand both the legislation and the rules.

The disclosure requirements for claims made under the Divorce Act and the Family Law Act overlap quite a bit, but we will address each act separately while also explaining how the Child Support Guidelines are important in both scenarios.

The Divorce Act and Child Support Guidelines

Section 7.4 of the Divorce Act requires that parties (and anyone else subject to an order under the act) provide "complete, accurate and up-to-date information" when required to under the act itself.

Disclosure is not limited to financial documents. You should include documents and information relevant to any of the orders a party has requested under the Divorce Act, such as divorce, parenting, child support, and spousal support.

The details about what kind of "information" is relevant to an order for child support are listed in section 21 of the Child Support Guidelines (the "Guidelines"), which is a regulation under the Divorce Act, which states that:

(1) A spouse who is applying for a child support order and whose income information is necessary to determine the amount of the order must include the following with the application:

(a) a copy of every personal income tax return filed by the spouse for each of the three most recent taxation years;

(b) a copy of every notice of assessment and reassessment issued to the spouse for each of the three most recent taxation years;

(c) where the spouse is an employee, the most recent statement of earnings indicating the total earnings paid in the year to date, including overtime or, where such a statement is not provided by the employer, a letter from the spouse’s employer setting out that information including the spouse’s rate of annual salary or remuneration;

(d) where the spouse is self-employed, for the three most recent taxation years

(i) the financial statements of the spouse’s business or professional practice, other than a partnership, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the spouse does not deal at arm’s length;

(e) where the spouse is a partner in a partnership, confirmation of the spouse’s income and draw from, and capital in, the partnership for its three most recent taxation years;

(f) where the spouse controls a corporation, for its three most recent taxation years

(i) the financial statements of the corporation and its subsidiaries, and

(ii) a statement showing a breakdown of all salaries, wages, management fees or other payments or benefits paid to, or on behalf of, persons or corporations with whom the corporation, and every related corporation, does not deal at arm’s length;

(g) where the spouse is a beneficiary under a trust, a copy of the trust settlement agreement and copies of the trust’s three most recent financial statements; and

(h) in addition to any income information that must be included under paragraphs (c) to (g), where the spouse receives income from employment insurance, social assistance, a pension, workers compensation, disability payments or any other source, the most recent statement of income indicating the total amount of income from the applicable source during the current year, or if such a statement is not provided, a letter from the appropriate authority stating the required information.

Summary of Disclosure Requirements under Section 21 of the Child Support Guidelines
Scope	Required Information	Timeframe
General Requirements	Personal income tax returns and notices of assessment and reassessment	Last 3 years
Employee	Most recent statement of earnings (including overtime) or employer letter confirming salary/remuneration details	Most recent year
Self-Employed (Business or Professional Practice)	Financial statements of business/professional practice and breakdown of salaries, wages, management fees, or other payments to non-arm's length parties	Last 3 years
Partner in a Partnership	Confirmation of income, draw, and capital in the partnership	Last 3 years
Corporation Controller	Financial statements of corporation and subsidiaries and breakdown of salaries, wages, management fees, or other payments to non-arm's length parties	Last 3 years
Beneficiary under a Trust	Trust settlement agreement and trust's financial statements	Last 3 years
Other Sources of Income	Statement or letter from authority confirming income from employment insurance, social assistance, pensions, workers' compensation, disability, or other sources	Current year

Section 21(2) of the Guidelines requires that people who are being asked to pay child support also provide the above information.

Under section 25 of the Guidelines, each person who is obliged to provide this information is under a continuing obligation to provide it, and must do so "on the written request of the other spouse" not more than once each year after a child support order is made. The potential penalties for not providing this information are found in sections 22, 23 and 24 of the Guidelines, and include the judge:

Making orders that the party provide the required information.
Making an adverse inference against the party who failed to provide the required information. An adverse inference is a conclusion that a court may draw against a party who fails to present evidence that is within their control. It typically means the court assumes the missing evidence would have been unfavorable to that party. This can happen, for example, if a party refuses to disclose documents or destroys evidence. A typical example is where a judge finds that a party is hiding evidence about how much they actually earn. The judge could then make an adverse inference against that person, and assume that the party earns more than they claim to.
Deciding that the party who failed to provide the required information is in contempt of court. Being in contempt of court means that the party has failed to do what the judge has ordered, and the court can punish the party with a fine or even jail time.
Awarding costs in favour of the other party. This would mean that the non-disclosing party has to pay some of the legal expense incurred by the other party.

Often, court orders respecting child or spousal support will also include terms setting out timelines for the disclosure of certain information or documents between the parties.

The Family Law Act and Child Support Guidelines

Section 5 of the Family Law Act is similar to section 7.4 of the Divorce Act. This section says that:

(1) A party to a family law dispute must provide to the other party full and true information for the purposes of resolving a family law dispute.

(2) A person must not use information obtained under this section except as necessary to resolve a family law dispute.

That last line, subsection 5(2), is pretty important. It's there to encourage people to comply with their obligation to produce documents and information in the discovery and disclosure process by letting them know that the person they give their documents and information is required to keep those documents and information confidential. Those documents and information may not be used for any purpose except for the family law dispute, which means that they can't be copied and be given to relatives and coworkers, they can't be stapled to telephone poles, they can't be posted on Facebook or Instagram, they can't be put up on someone's website, and they can't be emailed to journalists. Documents and information that are produced in the discovery and disclosure process are to be kept confidential!

Also, the Family Law Act goes a bit further than the Divorce Act does. Section 212(1) of the Family Law Act says the court may make an order requiring a party to disclose documents and information at any time in a court proceeding. And section 212(3) says:

(3) A person must not disclose information obtained under an order made under this section except

(a) as necessary to resolve a family law dispute, and

(b) in accordance with the order.

The hammer shows up in section 213, which lists the penalties a court may order against someone who fails to comply with either an order made under section 212 or a disclosure obligation in the Supreme Court Family Rules. This also includes producing documents and information that are "incomplete, false or misleading":

(1) This section applies if a person

(a) fails to comply with

(i) an order for disclosure made under section 212, or

(ii) a requirement to disclose information in accordance with the Supreme Court Family Rules or the Provincial Court Family Rules, within the time or in the manner required by the order or Rules, or

(b) provides information that is incomplete, false or misleading.

(2) In the circumstances set out in subsection (1), the court may do one or more of the following:

(a) make an order under section 212;

(b) draw an inference that is adverse to the person, including attributing income to that person in an amount that the court considers appropriate, and make an order based on the inference;

(c) require a party to give security in any form that the court directs;

(d) make an order requiring the person described in subsection (1) to pay

(i) a party for all or part of the expenses reasonably and necessarily incurred as a result of the non-disclosure of information or the incomplete, false or misleading disclosure, including fees and expenses related to family dispute resolution,

(ii) an amount not exceeding $5 000 to or for the benefit of a party, or a spouse or child whose interests were affected by the non-disclosure of information or the incomplete, false or misleading disclosure, or

(iii) a fine not exceeding $5 000;

(e) make any other order the court considers appropriate.

That's a heavy hammer.

In J.D.G. v J.J.V., Justice Punnett said that "Factors relevant to the imposition of a penalty [for failure to make disclosure] include the reasons, or lack thereof, for the failed disclosure or compliance, whether the failure was excusable, whether there had been a flagrant disregard of the court process, or whether the disclosure was deficient."

The Child Support Guidelines apply to a family law dispute involving the Family Law Act (see section 8 of the Family Law Act Regulation). That includes the person's obligation to give to the other party financial information under section 21 of the Child Support Guidelines. It also includes the penalties for not providing this information under sections 22, 23 and 24. In short, it's safe to assume that all of the Child Support Guidelines apply to court proceedings under the Family Law Act, just as they do to court proceedings under the Divorce Act.

And, once again, please remember that disclosure is not limited to financial documents. Disclosure should include documents and information relevant to any other matter that is part of the family law dispute under the Family Law Act.

Court forms for disclosure in BC Supreme Court

Earlier in this section you were introduced to two of the most important disclosure-related forms in BC Supreme Court family law proceedings: the Form F8 Financial Statement, which follows Rule 5-1 - Financial Statements; and the Form F20 List of Documents, which is key to complying with Rule 9-1 - Discovery and Inspection of Documents.

Let's dive into how you use these critical forms.

Form F8 Financial Statement

Rule 5-1 of the Supreme Court Family Rules refers extensively to the Form F8 Financial Statement. Here we will call it the Form F8 for ease of reference. It is very important in most family law proceedings.

Overview of the Form F8

In a Form F8 you provide the court and the other party with a picture of your finances. The parts about income (and in many cases expenses) are critical for determining child support and spousal support, and — unless there is more complete evidence in the form of appraisals or other independent documents that prove the value of real estate and other property — the part of the form relating to assets and debts may be used by the court to determine the value of an asset or the amount owing on a debt. It's important to take care when completing this form. Form F8s are sworn or affirmed by the party who prepares it, meaning they are giving their word that the information being provided is honest and accurate. Someone who swears or affirms a Form F8 can find their credibility being challenged if the numbers don't make sense — overblown or understated — if critical information is omitted, or if there are outright fabrications in the statement.

The Form F8's introductory pages give instructions and a space to list any significant changes that you may anticipate. These are followed by the form's various parts or sections, and you need to follow the form's instructions to know which ones apply to you:

Part 1 - Income
Part 2 - Expenses
Part 3 - Property and Debt
Part 4 - Extraordinary Expenses
Part 5 - Undue Hardship
Part 6 - Income of Other Persons in Household

The parts you need to complete depend on what orders are being asked for in the Form F3 Notice of Family Claim or the Form F5 Counterclaim.

Take the time to prepare your Form F8 carefully. It is absolutely one of the most important documents that you and the other side will file in court. Judges rely on the critical information it contains when deciding on orders, and the information you provide here will most likely be heavily scrutinized.

Legal Aid BC's Family Law Website has a helpful guide that can walk you through completing your Form F8, and it answers many common questions about the form.

Parts 1 and 2 (income and expenses) are critical for determining child support and spousal support. Part 3 (property and debt) is crucial for establishing the value of what the parties own and what they owe, but it also tells the court if the party who completes it has any excluded property, or if they got rid of property in the last two years (since a court may decide one party should compensate the other for disposing of family property.)

Who needs to complete a Form F8

If the Form F3 Notice of Family Claim or Form F5 Counterclaim ask for orders about spousal support, child support (where this includes a claim for section 7 expenses, or in shared parenting arrangements), or the division of property, pensions, or debt, both parties must prepare and file a Form F8.

If a party is only asking for child support in the table amount (without section 7 expenses and for none of the other issues), and if the children reside primarily with that party, they do not need to file a Form F8 themselves. The other party (the would-be payor) is required to file one, however. The Form F8 has "Instruction for Completion" at page 1, which tells you in more detail if you have to complete a Form F8, although these instructions are just a summary of what the Supreme Court Family Rules require.

Most family law disputes in the BC Supreme Court require that you file a Form F8, so if you are uncertain whether you need to prepare and file one in court, ask a duty counsel or call the Family LawLINE service.

How do you complete a Form F8

As mentioned above, the Form F8 begins with an introductory section where you can outline any expected changes (ones that might be significant) to the information provided in the financial statement. This allows you to highlight anticipated adjustments, such as upcoming changes in income, expenses, or assets, that might not yet be reflected in the detailed sections of the form.

Look to the first page of each part of the Form F8 to assess whether you need to complete that part, and what information (especially other documentation) you need to provide.

Leave blank any parts in the Form F8 that do not apply to you.

Here is a look at what each part of the form asks you to provide:

Summary of Form F8 Parts
Part Number	Title	Description
Part 1	Income	Sets out what you expect your gross income will be for the year in which you are completing the form. You need to provide an annual amount, likely requiring you to forecast rather than enter income to date. Gross income is before tax deductions. If income is stable, use line 1500 of your most recent tax return; otherwise, use your most recent earnings statement to estimate annual income. This part also requires listing all income sources and adjustments.
Part 2	Expenses	Records your monthly expenditures for you and anyone in your household. If you share expenses, indicate the portion you pay. Annual expenses should be divided by 12 for monthly reporting (e.g., $1,200 annual property insurance = $100/month).
Part 3	Property	Requires a complete list of all assets and debts owned by each party, indicating ownership. Includes acquisition details, real estate (address, legal description, BC Assessment value), bank accounts (institution, account number, balance), investments, debts (mortgages, credit lines, credit cards), and vehicle details (make, model, year, value). Also includes property exclusions and disposals within the past two years.
Part 4	Special and Extraordinary Expenses	Lists all special or extraordinary expenses incurred for each child individually. These expenses should also be included in Part 2 under "children."
Part 5	Undue Hardship	Completed only if making an undue hardship claim under section 10 of the Child Support Guidelines. This part requires explanation and relevant details of hardship factors. Meeting the undue hardship threshold is difficult. Refer to the Child Support chapter for legal context and examples.
Part 6	Income of Other Persons in Household	Completed when an undue hardship claim is made. Requires listing household members and their gross annual income, with an explanation of their relationship to you. Roommates who rent from you or vice versa are generally not considered household members. Rental income from roommates should be reported in Part 1.

What other documents do you attach to a Form F8

Each party must attach a number of important documents to their Form F8. Read the introductory pages of part 1 in the Form F8, especially "B. Documentation supplied." It tells you what documents to provide depending on your situation. Here are some common documents you may need to attach to your Form F8:

the last three years of your tax returns (copies of the complete T1 general income tax and benefit return that was sent in to the CRA, not just tax return summaries or information),
all notices of assessment and reassessment you received for the last three tax years,
your three most recent paystubs, which should include your earnings to date for the year (if you are employed),
your most recent WCB statements, social assistance statements, EI statements, or CPP disability statements (if you are not working),
business records like financial statements and corporate income tax returns, if you own a business or company, and
the most recent BC Assessments for all real property you own (listed in part 3 of the Form F8).

If you are self-employed, in a business partnership, control a company, or have an interest in a trust, some other required documents commonly include:

financial statements of your business or professional practice (if you are self-employed)
confirmation of income, draw, and capital in the partnership (if you are a partner in a business partnership)
financial statements of corporation and subsidiaries (if you control a company)
breakdown of salaries, wages, management fees, or other payments to non-arm's length parties (if you are self-employed, a partner in a partnership, or control a company)
trust settlement agreement and trust's financial statements (if you are a beneficiary under a trust).

Some parties will have their accountant help them complete the Form F8, especially if the party has a business (whether self-employed, partnership, or a company), but usually you will want to speak to a lawyer about completing your Form F8 to make sure you are providing the most accurate information you can provide.

Filing your Form F8

There is no fee for filing your Form F8, but the registry will charge you for swearing or affirming your Form F8 if you have not done so before taking it into court for filing. The registry will keep the original, so make at least two additional copies (one for you and one to give to the other party). When you bring your Form F8 to the registry for filing, bring all copies (which should include copies of all the additional documentation and attachments that apply), and the registry should stamp the first page of each copy, and return them back to you.

Serving your Form F8 on the other party

Rule 5-1(11) of the Supreme Court Family Rules tells you when to file and serve your Form F8 (see the heading earlier in this section on "Rule 5-1: Financial Statements"). Basically, the rules say to serve the Form F8 within 30 days if:

you served the other party with a Form F3 Notice of Family Claim or a Form F5 Counterclaim, and the orders sought require a Form F8, or
you received a Form F3 Notice of Family Claim or a Form F5 Counterclaim, and the orders sought require a Form F8.

If you live outside Canada or the US, however, the timeline changes to 60 days.

The court can vary the above timelines, but you should ask the other party for more time if you need it first. You may not need to apply to court. Parties are free to agree to a longer timeline, and reasonable requests for an extension are routinely agreed to. Also, the courts will generally honour any agreement extending time for filing a Form F8. If you cannot get the agreement of the other party, the court will usually also grant an extension if you apply for one as long as the other party is not hurt by an extension.

Form F20 List of Documents

The Form 20 List of Documents is essential to the disclosure process under the Supreme Court Family Rules, but it is also a very handy tool to start organizing the evidence in your case. Here we will call it the Form F20 for ease of reference. Rule 9-1 sets out requirements for production and inspection of documents in a family law proceeding, and the Form F20 is an important tool for taking advantage of your disclosure entitlements, while meeting your own disclosure obligations under the rules. While the Form F20 and Form F8 do not satisfy all of your disclosure entitlements and obligations in family law litigation, they are the first important steps, and the foundation of disclosure in BC Supreme Court cases.

Overview of the Form F20

The Form F20 contains four parts:

Part 1 - Documents That Are or Have Been in the Listing Party's Possession or Control and That Could Be Used by Any Party at Trial to Prove or Disprove a Material Fact
Part 2 - Other Documents to Which the Listing Party Intends to Refer at Trial
Part 3 - Documents That Relate to a Matter in Question in the Action
Part 4 - Documents for Which Privilege From Production Is Claimed

Listing documents in Form F20 comes early in the litigation process. Unlike the Form F8 Financial Statement, however, the Form F20 and does not require attaching actual documentation. Exchanging documents is a separate step.

That said, as you list your documents you should be making preparations to make the documents available for inspection by the other party. Usually, parties will prepare their respective Form F20s, and agree to exchange electronic copies of the documents. Providing copies of the documents replaces the need to coordinate inspection by the other party, and it makes it easier for all concerned.

Who needs to complete a Form F20

Rule 9-1 of the Supreme Court Family Rules requires that every party must prepare this form and list their documents.

What do you need to list in a Form F20

The pleadings guide the disclosure obligations of all parties. Review your own and the other party's pleadings, and examine them closely to identify all of the orders that a judge is being asked to consider. That includes orders you are asking for, and ones the other side is seeking. This requires you to carefully read:

the Form F3 Notice of Family Claim, and
the Form F5 Counterclaim (if there is one).

You are developing a clear picture in your mind of the orders that are at stake. For each requested order, think about what factual conclusions a judge must reach to justify granting that order. Now think about the factual conclusions a judge might need to reach to deny the order. Some facts are highly important to prove, for example that the children live with you over 60% of the time, or that you had $100,000 in savings before you and your ex even got together. The court and the other side need to know what documents can prove these important facts (and what documents might tell a different story).

There will be documents and records from your life that either support or invalidate these factual conclusions. These are the documents you must list because they have the highest degree of relevance to your — and the other side's — cases.

When you down to prepare your Form F20 List of Documents, you are going to list:

documents in your possession or control that could be used (by any party) to prove or disprove a material fact during a trial,
documents that used to be in your possession or control that could be used (by any party) to prove or disprove a material fact during a trial, and
documents you intend to refer to during a trial.

A material fact is any fact that is essential for a judge to resolve in order to decide the main issues before the court. As you can see from the first two points in the list above, the rules prioritize listing documents that could prove or disprove any material fact (even if they are no longer in your possession or control).

By contrast, a collateral fact is a fact that is less relevant to a judge, but might be relevant in the broader context. These might come up in a case, but they are not essential for a judge to decide in order to make an order. A common example is a collateral fact related to credibility. The rules around Form F20 do not, as a starting point, require you to disclose documents that prove or disprove a collateral fact, and you do not need to list every document relating to every matter in question. At the same time, you might anticipate referring to documents at trial which establish facts that could be helpful to your case or damaging to the other party's case. Perhaps you have old text messages showing that the other party was comfortable lying to their employer about being sick, which you anticipate using at trial to question their credibility. The third point in the above list covers these kinds of situations. Even if the document doesn't go to a core question (like whether they are lying about their need to relocate with a child for work), it needs to be listed if you anticipate using it to impeach that person's credibility during trial.

Carefully read Rule 9-1 of the Supreme Court Family Rules. Knowing which documents are truly material, and which documents are not material but might be useful later on, helps you prepare the Form F20 more effectively and efficiently, so you can focus on what the judge really needs to see.

Material Fact Examples
Order claimed	Material facts	Documents to list
Spousal support	The claimant's and the respondent's incomes are material facts, as well as their expenses. Each party must list documents that show how funds received are income, and how the money they spend is for expenses.	Income tax returns Pay stubs Bank records Credit card statements Purchase receipts
Property division	Both the respondent's and the claimant's property and debts are material facts, along with the circumstances (timing and reason) in which each property and debt were acquired. Each party must list documents that show the value of these assets and liabilities, and also those that prove when, how, why, and by whom they were acquired.	Agreements for purchase and sale of a home Conveyancing records Gift letters Renovation receipts Mortgage statements Insurance payout records RRSP statements
Parenting time	The court may only consider the best interests of the child when making orders for parenting time, so material facts could relate to the 10 factors set out in s. 37(2) of the Family Law Act. For example: A material fact related to a child's health and emotional well-being could be their mental health status and need for counselling. If the child is older, and knowing their views is appropriate, a material fact could include whether they expressed a clear view about who they want to spent time with and why. If being with one parent would nurture the child's relationship with their grandparent, the depth and quality of their bond with that grandparent could be a material fact.	Therapy records and parenting logs showing who attends medical appointments View of the Child Report Family photos or videos

And just to be clear, materially relevant documents are not limited to those that help your case. If the question is "could this document help prove facts essential to my case?" — and if the answer is "yes" — then list it. If the question is "could this document hurt my case and help prove the other side's version of what really happened?" — if the answer is "yes" — then also list it. Whether it's documentary evidence for your cause or against your cause, if it's a materially relevant document you need to list it.

You are expected to list documents within your "possession or control", but also ones you know exist but no longer possess, or which you don't have the authority to obtain. These might be documents that you had to leave behind when you moved out, medical records that are in control of a hospital, or any number of other situations. Form F20 provides a clear space to indicate if you are no longer in possession or control. In some cases, the court might order them to be produced for inspection — even if that requires ordering a third party to produce them — but for now you just need to list them.

Lastly, understand that the term document is not restricted to paper documents. Rule 1-1(1) of the Supreme Court Family Rules defines the term:

"document" has an extended meaning and includes a photograph, film, recording of sound, any record of a permanent or semi-permanent character and any information recorded or stored by means of any device.

How do you complete a Form F20

As noted, the form has four parts, each one consisting of a table that has five columns for entering basic information about each document in that part, namely:

The number you're assigning to the document in that part
Date of the document
Document description
A fourth column to indicate:
- (in Parts 1-3) a check mark if the document is no longer in your possession or control
- (in Part 4) a statement about the grounds of privileged being claimed for the document
A final column used only when the document is being added later (through an amended List of Documents)

Here are some starting notes to consider:

Documents are typically listed chronologically.
Document numbering starts with the number of the part of the form that it belongs under, followed by a decimal, then a unique number (or combination of a letter and number) for the document in that part, e.g.:
- (simple approach) list documents in Part 1 starting at "1.1", then "1.2", "1.3", etc. %mdash; for Part 2 start at "2.1", then "2.2", — for Part 3 "3.1", "3.2", etc., or
- (by category) if grouping documents by type (e.g. "A" for Claimant's Income, "C" for Bank Accounts, etc.) list documents using letters and numbers (e.g. "1.A.1", "1.A.2", "1.A.3", then "1.B.1", "1.B.2", etc.)
No need to list documents twice:
- If a document was already listed by the other party in Part 1 or Part 2 of their Form F20, then you do not need to list it in your own Form F20
- If you've already listed a document in one part, do not list it again in another part

Each part of the Form F20 has its own distinct purpose.

Summary of Form F20 Parts
Part Number	Title in the Form	Purpose
Part 1	Documents That Are or Have Been in the Listing Party's Possession or Control and That Could Be Used by Any Party at Trial to Prove or Disprove a Material Fact	Practically speaking, most documents are listed in this part, since documents that can prove or disprove a material fact are the most relevant, and Rule 9-1(1) makes their disclosure mandatory. Listing a document here shows that you recognize that the document itself, and likely other documents similar to it, is materially relevant to an issue raised in the pleadings, and that the document will help a judge decide a material fact. Remember, the disclosure obligations under the Supreme Court Family Rules require that you list all materially relevant documents, including those that do not help your case.
Part 2	Other Documents to Which the Listing Party Intends to Refer at Trial	A party might choose to list a document if they want to preserve the right to use it at trial, even if they do not believe it could directly prove or disprove a material fact. Many parties do not list documents in this part, in which case they insert "Nil" or "None" in the first row.
Part 3	Documents That Relate to a Matter in Question in the Action	If you have disclosed documents beyond those that are relevant to a material fact because the other side demanded them under Rule 9-1(8), you can amend your List of Documents and add the documents here. This part also covers documents a court ordered you to produce (Rule 9‑1(11)). Note: if the documents were demanded under Rule 9-1(7) (and are material ones that you should have listed initially) you will likely be adding those to Part 1, not Part 3. Many parties will not have anything to list in this part, in which case they insert "Nil" or "None" in the first row.
Part 4	Documents for Which Privilege From Production Is Claimed	This is for a special category of documents that are privileged, which means they are not shown to anyone, and you are released from the duty to disclose these to the other party. These still need to be numbered, dated, and described in a manner that allows another party to assess the validity of the claim of privilege (Rule 9-1(4)). In the fourth column you need to state what kind of privilege applies (Rule 9-1(3)). Two main grounds of privilege are usually dealt with here: solicitor-client privilege and litigation privilege. If the document is between you and your lawyer, was intended to be confidential, and relates to seeking or giving legal advice, this falls under solicitor-client privilege and you should write that into the fourth column. This ground of privilege is highly protected by the courts, and less needs to be said about these documents generally (e.g. adding the date, and a description such as "letter from lawyer" may suffice). If litigation privilege is claimed over a document (e.g. an independent financial expert or business valuator's report) then there is more likely to be a question around the document's main purpose, and whether it should be disclosed. A general description of the document, its date, and the parties to a document, is usually required at minimum. Seeking independent legal advice is recommended before deciding to claim privilege.

When gathering and considering documents for your Form F20, a common practice is to separate documents by category, especially for the ones in Part 1 which is usually the largest list. Enter the category of the document as a heading inside the list of documents. Label categories (A, B, C, etc.), then within these categories, list and number the documents chronologically.

Here some categories and the documents that may be listed within them, just as an example.

Examples of Categories and Numbering Documents in Part 1
No.	Date of document	Description of document
1.A – Claimant’s Income Documents
1.A.1	2022	2022 paystubs from KMG Food Corp. (12 months)
1.A.2	05/Apr/2023	2022 Income Tax Return
1.A.3	Jan-Apr/2023	2023 paystubs from KMG Food Corp. (4 months)
1.A.4	22/Oct/2023	Honorarium payment from Camp Cedar Society
1.A.5	Mar/2024	2023 Statement of EI Benefits
1.A.6	03/Apr/2024	2023 Income Tax Return
...	...	...
1.B – Claimant’s Expense Documents
1.B.1	2022	Rent receipts for 3030 Main Street (12 months)
1.B.2	03/Feb/2023	2022 Childcare Costs – Receipt from D. Janz
...	...	...
1.C – Claimant’s Debt Documents
1.C.1	04/May/2023	Monthly statement for RBC personal loan #12345
1.C.2	15/Dec/2023	Statement showing payment history on RBC personal loan #12345
1.C.3	01/Feb/2024	Notice from RBC regarding loan consolidation options
...	...	...
1.D – Claimant’s Bank Account Documents
1.D.1	12/Apr/2023	RBC chequing account statement for Jan–Mar 2023
1.D.2	16/Jul/2023	RBC savings account statement for Apr–Jun 2023
...	...	...
1.E – Claimant’s Credit Card Statements
1.E.1	10/Mar/2023	VISA card statements for Dec 2022 – Feb 2023
1.E.2	08/Jun/2023	MasterCard statements for Mar–May 2023
...	...	...
1.F – Family Home Documents
1.F.1	01/Nov/2011	Purchase and sale agreement for family home located at 1234 Quadra Rd.
1.F.2	05/May/2023	BC Assessment notice for 1234 Quadra Rd.
1.F.3	20/Aug/2023	Mortgage statement from ABC Bank for 1234 Quadra Rd.
1.F.4	15/Sep/2023	Home insurance policy documents for 1234 Quadra Rd.
1.F.5	2021 - 2023	Book of receipts for renovations made to the family home at 1234 Quadra Rd. (27 pages)
...	...	...

Adjust the categories for your own documents. In the above example, if you need to refer to your family home renovation documents in the future, you would refer to them as document "1.F.5".

How do you update a Form F20

Parties need to keep their lists up-to-date. Rule 9-1(6) states:

(6) If, after a list of documents has been served under this rule,

(a) it comes to the attention of the party serving it that the list is inaccurate or incomplete, or

(b) there comes into the party's possession or control a document that could be used by any party at trial to prove or disprove a material fact or any other document to which the party intends to refer at trial,

the party must promptly amend the list of documents and serve the amended list of documents on the other parties.

There are no limits to how many times you can amend your Form F20. In fact, it is common practice for parties to add documents as they find them after another look around the home, or even as new documents come into existence — e.g. new paystubs, bank statements, etc.

If you are using alphabetically marked categories for your list, put the new document after the last document in that category. Using the previous example, if your last document in "A. Claimant's Income Documents" was document number 1.A.4, then list the next document as number 1.A.5.

Updated Form F20s needs to be numbered and titled, such as: First Amended List of Documents, Second Amended List of Documents, and so on for each amendment you make. Make sure to save your original Form F20 in a file on your computer, on a USB memory stick, in your Google Docs account, etc., so that when you need to list new documents, you can simply add them to a digital file without having to recreate the entire Form F20.

When listing new documents and amending your Form F20, indicate the date you are adding them in the last column of the table.

Reminder: Before adding "new" documents to an amended Form F20, make sure they are not already listed by the other party. Do not list documents if they are already listed, whether by you or another party.

How do you get more documents from the other side

As discussed under the earlier heading in this section, "Rule 9-1: Demanding further documents", a party can ask that additional documents be produced if:

Documents relevant to a material fact are missing from the list (these are demands under Rule 9-1(7)), or
The requesting party can identify documents in the other side's possession or control, and explain with compelling reasons why they should be disclosed even though they are not directly relevant to proving a material fact (these are demands under Rule 9-1(8)).

Either of these requests should be made as demands, and be in writing. In both cases, the other party needs to respond within 35 days under Rule 9-1(9). The response doesn't need to say that the party will comply with the demand. The response can refuse the demand, agree only with part of it, or agree to the demand. But if the response contains a refusal (about all or some of the documents being requested), Rule 9-1(9) says it must indicate why these documents are not being listed and made available.

If the other party does not provide the requested documents (and their amended list) within 35 days of receiving the demand, the party making the demand should continue to try and negotiate and have a dialogue with the other party (but make sure everything is in writing). Document these conversations well. If you need to apply to court under Rule 9-1(10) to get the court to order more disclosure, you will need to show that you made reasonable demands, and that these were well explained. This chapter discusses the process for bringing interim applications in the section on Interim Applications and Supreme Court Family Law Proceedings.

Each party is also entitled to ask for copies of the documents listed on the other party's list of documents (see Rule 9-1(13)) and to ask to inspect (look at) the originals of the documents listed on the other party's list of documents (see Rule 9-1(12) and subrule (14)). If the party wants copies of any of the listed documents, that party is required to pay for the copies in advance of receiving them (Rule 9-1(13)).

As mentioned above, it is good practice for parties to simply agree to mutually exchange electronic documents from their respective Form F20, so that each of you and the other party has electronic copies of the other’s documents.

How can I get documents from a non-party

If a document is in the possession or control of someone who is not a party, one of the parties can apply to court for a production order. This third party might be an individual, an organization or a business with no other connection to the family law proceeding. Rule 9-1(15) says that such an application has to be made in keeping with Part 10 of the Supreme Court Family Rules. See the section on Interim Applications and Supreme Court Family Law Proceedings in this chapter.

Documents received in the context of a legal proceeding are confidential and not to be disclosed or used for any purpose beyond the scope of the proceeding (i.e. you can't show them to friends or family or use them in another court proceeding), unless by order of the court or agreement between the parties. This is a serious obligation that each party has in relation to both the other party and to the court. If a party fails to honour this obligation, that party can be found to be in contempt of court.

How and when do you need to serve it

The Form F20 does not get filed in court. It is simply sent by ordinary service to the other party at their address for service, which will already have been provided their Form F3 Notice of Family Claim or Form F5 Counterclaim.

Cases without a counterclaim: If the respondent is not filing a Form F5 Counterclaim, both the claimant and respondent must serve their Form 20 List of Documents on the other party within 35 days of the respondent's Form F4 Response to Family Claim Form F4 being served on the claimant. For example, if you are the respondent, you have to provide the claimant with your Form F20 within 35 days of delivering your Form F4, and the claimant has to provide you with their form F20 within the same timeline.

Cases with a counterclaim: If the responded is filing a Form F5 Counterclaim, and not just a Form F4 Response to Family Claim, then the claimant needs extra time to prepare and file their Form F6 Response to Counterclaim. The claimant and the respondent have to serve their respective Form F20s within 35 days of the claimant's Form F6 Response to Counterclaim being delivered to the respondent.

Note that it is quite common for parties to ask the other side for more time if they need it. Producing a Form F20 List of Documents does take time, and it is therefore common for parties to ask for, and get, an extension. If a party asks for more time, you are wise to agree to it. If you are concerned that the other side is stalling, ask them to commit to an fixed time extension. The courts do not appreciate when parties bring applications forcing strict and inflexible timelines. So be reasonable, and be clear with the other side if requests for extensions about disclosure come up.

Pre-trial discovery

So far we have mostly discussed parties' early and automatic disclosure obligations. After the parties have delivered their Form F20 List of Documents and any required financial disclosures in their Form F8 Financial Statements to the other side, a range of other options are included in the Supreme Court Family Rules to allow parties to learn about the other side's case, explore more evidence, or get important admissions that can narrow down the disputed facts of the case. These are technically optional steps (at least for the person who initiates them), but a lot can turn on them. Parties' cases can be raised high or sunk low based on what's revealed through pre-trial discovery, and going through these steps can often increase the chances of settlement, as parties begin to see their risks more clearly.

Examination for discovery

Lawyers who agree that cross-examination is "beyond any doubt the greatest legal engine ever invented for the discovery of truth" (to quote the famous legal scholar John Henry Wigmore), will agree that the examination for discovery process is one of the most important steps to take before trial.

An examination for discovery is a sort of out-of-court cross-examination, and Rule 9-2 of the Supreme Court Family Rules is devoted to this process. The rules allow you and the other party to schedule a time with the opposing party where you sit down and answer the other's (or their lawyer's) questions under oath.

The availability of this procedure under the Supreme Court Family Rules is one of the biggest differences in family law litigation between BC Supreme Court and Provincial Court.

Why is an examination for discovery useful

Examinations for discovery are not mandatory, but they can be a very important tool in the discovery process — particularly when the proceeding is going to trial.

Why so?

Learn more about their case: An examination for discovery allows each party to gain detailed information about the other party's case, including the names of potential witnesses, and to assess the strengths and weaknesses of the other party's case. If the parties have lawyers and the lawyers have had minimal to no contact with the other party to date, an examination for discovery provides an important opportunity for the lawyer to assess how the other party will present their case at trial, and how they might behave before a judge.
Get early testimony you can also use later: The evidence of the party being examined is recorded and the party who conducts the examination for discovery may use this evidence at trial. The transcripts from an examination can be "read into the record" at trial. Answers read into the record in this manner have the same effect as sworn evidence given by the opposing party at the trial.
Impeachment for inconsistent statements: Impeachment of a witness is when you discredit them in the eyes of the judge by showing how they made contradictory statements under oath. If a party says "I am sure Aunt Penelope loaned us that $180,000 in 2009" when being examined for discovery, but at trial says "Aunt Penelope gave you $180,000 as a gift in 2009", you can use the earlier statement to impeach them during trial, and damage their credibility.
Justify an application for document production: The party conducting the examination can ask a wide range of questions and engage on a train of inquiry. These questions might confirm the existence of documents that the party being examined has, but did not list (because they were not materially relevant), which can then justify an application for their production.
Obtain admissions: Parties often have to admit to certain facts during their examination for discovery, agree that a document is genuine, etc. These admissions can be useful to your case, or damaging to their case, or simply save everyone time at trial by establishing a fact that does not need to be re-established by some other means.
Progress towards settlement: Evidence given at examinations for discovery often has a significant impact on settlement negotiations.

If you are being asked questions at an examination for discovery, remember that the evidence being recorded is for the other party's benefit, not yours. Become familiar with Rule 14-7(46), which talks about how evidence from an examination for discovery can only be introduced by a "party adverse in interest". The examining party can read in the transcript from an examination at trial or ask you questions about it at trial. You can not use your own answers as evidence however (because you are not "adverse in interest" to yourself). The exception is if the other party has "read in" some of your answers in the transcript at trial, and there are additional answers relevant to these same portions that they did not refer to, but which you want the judge to be aware of.

This also means that you should always review what you said in an examination for discovery before you head into a trial. When preparing for trial review the discovery transcript. Make sure you are fully familiar with what you said under oath at the time of your examination.

Where and how is it conducted

The examination for discovery of each party is generally limited to five hours (under Rule 9-2(2) of the Supreme Court Family Rules) unless the parties agree otherwise, or the court finds exceptional reasons to allow more time.

The examination can be conducted anywhere the parties agree. It is often conducted at the office of one of the party’s lawyers, or at the courthouse, or at the office of the court reporter. All that is required is a private room in which the lawyer for one party may ask questions of the opposite party in the presence of the court reporter. The court reporter is not, in any sense, a judge, nor are they a journalist. They are a kind of court official approved and authorized by the Ministry of Attorney General, which publishes a List of Authorized and Official Reporters. They have the power to administer oaths and are authorized to record verbatim evidence.

The ordinary procedure is for both the parties and their lawyers to attend. The court reporter administers the oath or affirmation and then transcribes the questions and answers. At the request of either party (and for a fee), the court reporter binds the transcript into a book which is available for the purposes of the trial.

When attending to be examined for discovery, a party must bring all the documents in their possession or control which relate to the court proceeding.

How do I prepare for one

Review the pleadings, the financial statements, and the documents produced by each party. Do this whether you are being examined or conducting the examination.

If you are conducting the examination, it is a good idea to prepare an outline of the various orders that either the claimant or the respondent asked for in their pleadings. Lay out the questions you want to ask the other party about each order. You may want to consult a lawyer about the types of questions you can and should ask, and any areas of concern about the case, including any information you think may be privileged.

If you are being examined, it is important to be fully prepared for the examination for discovery. The transcript of the examination for discovery prepared by the court reporter may be used at trial by the side examining you. Be familiar with the facts of your case, and this includes making sure you have read and understood any affidavits, Form F8 Financial Statements, or other documents you have previously sworn. The answers you give at an examination for discovery will also be made under oath, and you don't want inconsistencies.

Because the examination for discovery is one of the first opportunities to meet the lawyer of the other party, each party should strive to make a good impression. If you are attending to be examined for discovery you should follow these tips:

Wear clean, neat, comfortable clothing.
Treat all persons in the meeting room with respect.
Consider this an important and formal occasion. Avoid getting chummy with the opposing lawyer. Act professionally, as you would at a job interview.
Tell the truth — the best questioner cannot touch a witness who is telling the truth.
Listen carefully to every question in order to hear the entire question and ensure understanding of the question.
Ask for the question to be repeated if you did not hear it.
Pause for a few seconds if you need to frame your answer first.
Speak clearly and loud enough so that the court reporter can hear the answer. Say "Yes" or "No", instead of mumbling "Mmm-hmmm" or "Uh-uh". The court reporter cannot transcribe a head nod or shake, or a shrug, or a non-verbal cue.
Ask for clarification if you do not understand a question — the questioner will rephrase it.
Do not guess or speculate. If you cannot remember an answer to a question, simply say "I can't recall" or "I can't remember".
Answer only the question asked, and avoid volunteering additional information. But make sure you fully answer the question being asked, and do not be evasive in your answers.
Do not exaggerate or understate the facts. Avoid using the words "never" and "always".
Do not interrupt the person asking the questions. The court reporter cannot record two people speaking at once.

What questions will I be asked

The examination for discovery is in the nature of a cross-examination. The examining party (or their lawyer) may ask you open-ended questions to obtain as much detail as possible (e.g. "Q: What were your reasons for rejecting the job offer?"), or ask leading questions in an attempt to obtain a favourable admission about a fact (e.g. "Q: It is true that the main reason you refused the job was to have more free time to play tennis, isn't it?").

Questions during an examination for discovery will depend a lot on what kind of claims are made in the pleadings. Expect to be asked about disputed facts relevant to any of the orders requested in the Form F3 Notice of Claim or Form F5 Counterclaim.

You might be asked questions that are less relevant to the main issues in the case. A broader scope is generally allowed for this, and a question does not need to be directly linked to something in the pleadings.

Rule 9-1(17) requires you to answer questions relating to "a matter in question" in the case, so long as these do not encroach on matters that are privileged, and so long as they are within your knowledge or "means of knowledge" (which means you could obtain the answer or pull up the information even if it required a bit of effort). It also requires you to provide the names and addresses for any witnesses.

It may not be obvious how a question, or even a whole bunch of questions in a "train of inquiry" will produce relevant evidence, but if loose relevance is the only objection you have, you should just answer it. Answering an irrelevant question on examination for discovery does not mean you cannot object to it during a trial. Also, it's the examining party's duty to be efficient and use their five hours strategically to investigate the important facts, obtain admissions, ask about the existence of documents, etc. If they squander their time with questions of limited relevance to the important issues in the case, then that is more to their disadvantage than your own.

Can I refuse to answer questions

The party conducting an examination for discovery has a lot of flexibility in what they ask you, and how they use their limited time. If you are being examined, you have a duty under Rule 9-2(17) to answer any question within your knowledge unless it is clearly irrelevant or violates privilege.

You cannot refuse to answer questions simply because you find them difficult, they cause you anxiety, or you are embarrassed by your answers. At the end of the day, if the transcript shows that you conducted yourself in any of the ways mentioned in Rule 9-2(3) (being unresponsive, evasive, unreasonably refusing to admit to something, etc.) the examining party can force you back into court, get an order that you undergo another examination for discovery, and ask the judge to order you to pay costs for their trouble.

That said, not all questions are appropriate, and raising an objection to a question is sometimes necessary. Not all objections involve an outright refusal to answer, and sometimes a simple request for the examiner to rephrase their question is enough (for example if it was genuinely confusing). Other times, formally objecting and refusing to answer is the right decision. Any interruptions or objections you make should be done with care, sparingly, and for the right reasons.

Questions to which an objection may be justified or even required, include:

Questions that infringe on privilege: Communications between a client and their lawyer (solicitor-client privilege) are confidential and highly protected, so you should state your objection and refuse to answer any question about what you did or didn't speak to your lawyer about. You can say "I object. This matter is privileged and I refuse to answer the question."
Questions of law: If you are asked to provide legal conclusions or give your opinion about how the law works, this is objectionable because. A witness cannot be asked to make a statement of law. You could say "I object. I refuse to state a legal conclusion or provide a statement of law."
Compound questions: Some questions are inappropriate "in their form", and a single question that asks more than one thing is objectionable "as to the form of the question" since it could trick the person into giving one answer that doesn't really apply to the question's multiple parts. An appropriate response is "I object to the form of the question. It is a compound question."
Questions that are clearly irrelevant to the issues in the case: If the question asks about something that cannot possibly affect the issues in the case, you can state "I object. This question is clearly irrelevant."
Ambiguous, vague, or unclear questions: If the meaning of the question is so uncertain that you cannot understand what it's asking or how to accurately respond to it, a polite objection in the form of a request can be made. You can say "I do not understand the question. Can you please rephrase it more clearly?"
Repetitive questions to the point of being oppressive: If the person examining you keeps asking the same or similar question many times over without new justification (i.e. your answer hasn't changed), then you may say "I object as this question is unnecessary and repetitive."

If the party asking the question disagrees with the objection, that party can make an application to the court to require the other party to provide an answer. For more information on the process for bringing interim applications, see Interim Applications and Supreme Court Family Law Proceedings in this chapter.

To arrange an examination for discovery, you will need to coordinate available dates with the other party (and their lawyer if any) as well as the court reporting service (as listed in the phone book). Once you have an agreed upon date and place to conduct the examination for discovery, you will need to complete an appointment to examine for discovery (Form F21) and serve it on the other party, along with required witness fee, at least seven days in advance of the date scheduled for the examination for discovery (Rule 9-2 (12)). The Appointment to Examine for Discovery (Form F21) does not need to be filed with the court, but a copy must be provided to the court reporter to confirm the appointment date. Schedule 3 of Appendix C of the Supreme Court Family Rules sets out the fees payable to witnesses. The daily witness fee is currently $20, in addition to the travel costs of the party being examined:

If the party being examined lives within 200 km by road (including any ferry route), it's $.30 per km each way by road between their residence and the place of the examination (but no payment if the distance is less than 8 km).
If the party being examined lives more than 200 km away, the minimum return air fare by scheduled airline plus currently $.30 per km each way from their residence to the departure airport and from the arrival airport to the place of the examination.

To prepare for an examination for discovery, whether you are the party being examined or the party conducting the examination, it is a good idea to review the pleadings, the financial statements, and the documents produced by each party to the court proceeding. If you are the party conducting the examination, it is a good idea to prepare an outline of the issues in the court proceeding and the questions you want to ask the other party about each issue. You may want to consult a lawyer about the types of questions you can and should ask, and any areas of concern about the case, including any information you think may be privileged.

After the examination for discovery is completed, you can order a transcript of the questions and answers (of either party) from the court reporting service (for a fee) for use at trial. The court reporting service will provide one original and as many copies as you request (usually one is enough unless there are more parties to the lawsuit than just the two spouses). If you use the transcript at trial, you will provide the original to the judge and use the copy yourself.

Notice to Admit

A Notice to Admit provides an opportunity for each party to obtain from the other party admissions about facts and the authenticity of documents in order to simplify the presentation of evidence at trial and to shorten the time necessary for the trial. In other words, once a fact or the authenticity of a document is admitted, it is no longer a contentious issue at trial. Notices to admit are not mandatory and are not used in every family law court proceeding.

Notices to Admit are governed by Rule 9-6 of the Supreme Court Family Rules. The form to be used is Form F24 and must be served on the other party (at that party’s address of service set out in their Notice of Family Claim or Response to Family Claim). Each fact that is sought to be admitted should be set out in a separate numbered paragraph. In the case of documents whose authenticity are sought to be admitted, each document sought to be admitted should be listed and described in a separate numbered paragraph, and copies of the documents must be attached to the Notice to Admit (Rule 9-6(3)).

The party served with a Notice to Admit then has 14 days from the date of service to respond in writing to the Notice of Admit, and if that party fails to do so, the fact or authenticity of a listed document is deemed to be admitted. If the party served with a Notice to Admit seeks to deny an admission (or otherwise oppose the facts or documents set out in the Notice to Admit) that party must provide to the other party a written statement which:

specifically denies the truth of a fact or the authenticity of a document,
sets out in detail the reasons why the party cannot make the admission, or
states that the refusal to admit the truth of a fact or the authenticity of the document is based upon grounds of privilege or irrelevancy or that the request is otherwise improper and sets out in detail the reasons for the refusal.

(See Rule 9-6(2) of the Supreme Court Family Rules.)

Where a party has unreasonably refused to admit the truth of a fact or the authenticity of a document specified in a Notice to Admit, the court may order the party to pay the costs of the other party in relation to steps taken to prove the fact or the authenticity of the document, or can deprive the party of costs that party would otherwise be entitled to.

Once a party has made an admission (by way of a Notice to Admit or in a pleading), that party cannot withdraw it without the consent of the other party or by court order (see Rule 9-1(5) of the Supreme Court Family Rules). Admissions can be used as evidence at trial or on an application to the court (see Rule 9-1(6) Supreme Court Family Rules).

Interrogatories

Interrogatories are a form of written questions posed by one party to the other party in an effort to obtain information without the fullness and formality of an examination for discovery. As Interrogatories can only be used with the consent of the other party or by court order (see Rule 9-3(1) of the Supreme Court Family Rules), they tend to be used less frequently than other manners of discovery but can be useful to obtain specific information or details such as dates or the sequence of events, account numbers or other particulars, information about a corporation or a business, and the like.

Interrogatories are to be prepared in Form F22 of the Supreme Court Family Rules. If the court orders the Interrogatories be answered or the other party simply agrees to answer them, then the other party has 21 days to deliver their reply to Interrogatories (see Rule 9-3(4) of the Supreme Court Family Rules) and the reply must be in the form of an affidavit. (See How Do I Prepare an Affidavit? in the Helpful Guides & Common Questions part of this resource.) As a result, the party answering the Interrogatories is swearing (or affirming) to the truth of the answers and will need to see a lawyer, a notary public, or a court registry clerk. Interrogatories and replies to Interrogatories are not filed with the court.

A party answering Interrogatories may object to one or more Interrogatories on the basis of privilege or on the grounds that it does not relate to a matter at issue in the court proceeding (see Rule 9-3(6) of the Supreme Court Family Rules). In such circumstances, the responding party should indicate in the responding affidavit that the party objects to a specific interrogatory and the basis for the objection. The responding party may also apply to the court to strike out the interrogatory if they object to it on the grounds that it will not further the object of the Supreme Court Family Rules. When making its decision, the court must consider any offer made by the party to make the admissions sought, to produce documents, or to give oral discovery.

If a court application is made to compel one party to answer Interrogatories, the court may set conditions such as the number or length of Interrogatories or the issues or topics the Interrogatories may cover (see Rule 9-3(3) of the Supreme Court Family Rules).

Pre-trial examination of witnesses

If a party needs information from someone who is not a party to the court proceeding and there is no other way to get the information, that party can apply to the court for an order to allow a pre-trial examination of that witness. Be forewarned that the court may also order that the examining party pay the reasonable lawyer’s costs of the person relating to the court application and the examination. Due to the expense involved in making the court application and paying the witness’s legal fees, in practice this process is rarely used, but it is permissible under Rule 9-4 of the Supreme Court Family Rules. For more information on the process for bringing interim applications, see Interim Applications in Family Matters in this section.

How do I get an order for the pre-trial examination of a witness

Rule 9-4(3) of the Supreme Court Family Rules requires the party making a court application for a pre-trial examination of a witness to present evidence in the form of an affidavit (see How Do I Prepare an Affidavit?), which sets out:

(a) the matter in question in the family law case to which the applicant believes that the evidence of the proposed witness may be material, (b) if the proposed witness is an expert retained or specially employed by another party in anticipation of litigation or preparation for trial, that the applicant is unable to obtain facts and opinions on the same subject by other means, and (c) that the proposed witness (i) has refused or neglected on request by the applicant to give a responsive statement, either orally or in writing, relating to the witness' knowledge of the matters in question, or (ii) has given conflicting statements.

The application materials must be served upon the proposed witness, and Part 10 of the Supreme Court Family Rules applies to the witness as if they were a party (see Rule 9-4(4) of the Supreme Court Family Rules).

If the court agrees to make the order requiring a witness to attend a pre-trial examination, the party who obtained the order must serve upon the witness a subpoena in Form F23.

Subpoenaing a non-party witness

Consult Rule 9-4(5) of the Supreme Court Family Rules if you are the party who got the order to examine a witness before trial. The subpoena must be served upon the witness to be examined at least 7 days before the date of the scheduled examination. The subpoena in Form F23 may require the witness to bring to the examination:

Any document in the witness' possession or control relating to the matters at issue in the court proceeding. You do not need to identify the specific document or category of document.
Any physical object in the witness' possession or control that you think you might want to introduce as an exhibit at the trial. You must specify and identify what the object is.

What happens in a pre-trial examination of a witness

Much like an examination for discovery, the pre-trial examination of a witness takes the form of a cross-examination. In fact, Rule 9-4(10) incorporates many of the examination for discover sub-rules (specifically Rules 9-2 (11), (15), (17), (18) and (21) to (24)).

The examination is conducted before an official court reporter who needs to be hired and paid. The witness must answer questions within their knowledge or means of knowledge, provide names and contacts about other witnesses, and produce documents for inspection — all subject to appropriate objection and privilege.

There are some key differences between pre-trial witness examinations and examinations for discover, however:

Pre-trial examination of a witness, by default, do not usually exceed 3 hours (see Rule 9-4(9) of the Supreme Court Family Rules).
Non-parties are paid more fees to be examined than parties are (read Schedule 3 of Appendix C in the Supreme Court Family Rules).
The witness may be cross-examined by all parties, and the evidence they give can be introduced at trial by any party. This is different from an examination for discovery of a party, where only the adverse party can use the evidence obtained through the examination of the other party.

The party who got the order gets to conduct their cross-examination first, followed by the other party or parties. Once all parties have finished their examination, the party who applied to examine the witness may conduct a further cross-examination of the witness at the end (see Rule 9-4(8) of the Supreme Court Family Rules).

Physical examination & inspection

Rule 9-5 of the Supreme Court Family Rules allows parties to apply to the court for the following additional orders:

Order for medical examination: The court may order a party to submit to an examination by “a medical practitioner or other qualified person” if the physical or mental condition of the party is in issue in a family law case (see Rule 9-5(1) of Supreme Court Family Rules). The court can also order that the result of the examination be put in writing with copies made available to the parties, and can make orders about who will pay for the examination and report-writing.
Order for inspection and preservation of property: The court may order the "production, inspection, and preservation of any property" and authorize samples to be taken, experiments to be conducted, or observations to be made about the property.
Orders for entry on land or building: The court may authorize a person to enter on any land or building for the purpose of an order under Rule 9-5.

So far as is practicable, examinations and inspections ordered under this rule apply to persons residing outside British Columbia (see Rule 9-5(6) of the Supreme Court Family Rules).

This chapter discusses the process for bringing interim applications in the section Interim Applications and Supreme Court Family Law Proceedings.

Resources and links

Legislation

Resources

J.D.G. v J.J.V., 2013 BCSC 1274
Cunha v Cunha, 1994 CanLII 3195 (BC SC)
Parise v. Adelson, 2021 BCSC 891
Mossey v. Argue, 2013 BCSC 2078
Etemadi v. Maali
Legal Aid BC's Family LawLINE and duty counsel information page
Complete a Supreme Court Financial Statement (Form F8) guide from Legal Aid BC's Family Law Website
Family Law Discovery information page from Legal Education Society's Online Help Guide for BC Supreme Court
BC Assessment website
List of Authorized and Official Reporters from the BC Ministry of Attorney General

Links

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Nate Russell, 17 March 2025.

JP Boyd on Family Law © John-Paul Boyd and Courthouse Libraries BC is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 2.5 Canada Licence.