CPA · Wills and Succession Act
Part 5 — Family Maintenance and Support
95 Disclosure of financial information
(2) Where an application is made under this Division,
(a) a family member, on the written request of
(i) another family member,
(ii) a personal representativ e of the deceased's estate, or
(iii) any other person required to be served under section
91(1) with notice of the application,
o r
(b) a personal representative of the deceased's estate, on the
written request of
(i) a family member, or
(ii) any other person required to be served under section
91(1) with notice of the application,
shall provide the family membe r, personal representative or
other person making the request with financial information
as required by the regulations that is necessary for the
determination of maintenance and support.
(3) This section applies in addition to any applicable disclosure,
questioning or other processes under any other Act or regulation.
(4) The Court may, on application, order that information provided
under this section must not be disclosed to others except as may be
provided for in the order.
(5) If a family member or a personal representative fails to comply
with a request under subsection (2), the Court may, on application,
do one or more of the following:
(a) order the family member o r personal representative to
provide some or all of the required information to one or
more other persons or to the Court;
(b) dismiss any application made by or on behalf of the family
member or by the personal representative but proceed to
hear the application in respect of the family members on
whose behalf section 92 deems the application to have been
made and any other parties;
(c) proceed to hear the applica tion and, in the course of doing
so, may draw an adverse inference against the family
member or personal representative who failed to comply
with the request and, in the case of a family member, impute
income or assets to that family member in an amount the
Court considers appropriate;
(d) award costs in favour of one or more other parties.
(6) Repealed 2014 c13 s13.
2010 cW-12.2 s95;2014 c13 s13