What is the impact of the Respondent’s disclosure of her business to the Court?

Ontario, Canada


The following excerpt is from McCallum v. Seguin, 2021 ONSC 4246 (CanLII):

It is the view of this court that the Respondent likely makes more from her business than what has been reported. This is based on the following: 1. Submissions made to the court on March 11, 2019 – The Respondent argued that submissions are not evidence. This court accepts that submissions are not evidence. However, the fact that it was submitted by counsel, with no clarification from the Respondent, leads this court to believe that the Respondent did not take issue with this submission at the time, leading this court to question the Respondent’s evidence as to her income at that time; 2. Unwillingness to provide information about her business such as, an hourly rate, number of clients, and number of cleans – It is true that as stated in Kovachis v. Kovachis, 2013 ONCA 663 at para. 34 that “exhaustive disclosure may not always be appropriate” and that issues of burden, relevance, costs and time must be considered. However, the unwillingness of the Respondent to provide an hourly rate, list of clients and number of cleans was not due to these reasons, rather she cited privacy concerns. This information could have been disclosed while still respecting privacy concerns; 3. Lack of evidence with respect to deducted expenses – On the record presented at this trial, this court is unable to conduct any analysis as to whether the significant expenses claimed are appropriate. 4. Motivation to carry on with this business on her own – Based on the fact that the Respondent has carried on this business for 7 years and intends to continue a similar business as a sole proprietor suggests to this court that the business is more successful than suggested.

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