A fresh perspective on divorce, spousal support, child support, parenting after separation and everything family law

Divorce: how much are the Vancouver Canucks worth?

The answer is – we may never find out.

As reported by Neal Hall in the Vancouver Sun:

Vancouver Canucks owner Francesco Aquilini has filed an application in court to keep the team’s financial information private during his divorce case.

A little background…

Francesco Aquilini is involved in divorce proceedings with his wife, Taliah Aquilini, in a Supreme Court of British Columbia file opened on February 22, 2012.

The Aquilini family has substantial assets, including an ownership interest in the Vancouver Canucks.  The team was valued at $300 million dollars by Forbes (calculated in November 2011).

Of course a valuation in Forbes is not adequate information to rely upon in dividing family assets upon marital breakdown.

What documents and information can I get about family assets in my divorce proceedings?

In divorce proceedings, a spouse is entitled to substantial financial disclosure – far more financial information than an estimate of value from Forbes.

A spouse is entitled to a Financial Statement, in Form F8 – which is a sworn statement setting out the income, assets and liabilities of the the other spouse, along with supporting documentation (such as tax returns and property assessments).

A spouse can also employ the Supreme Court Family Rules to gain more in depth access to information regarding both family assets, and other assets of the spouse.

Some of the methods to get financial information in a divorce proceeding include (but are not limited to):

  • Examinations for discovery;
  • Demands for production of documents (including demanding documents directly from the corporation/ business in which the spouse has an interest);
  • Examination and inspection of documents;
  • Discovery by interrogatories;
  • Examination of witnesses; and
  • Expert reports on financial issues.
You wrote in a previous blog that divorce files are only accessible to specific people…why does Francesco Aquilini need a further court order?

Divorce files are generally only accessible by the spouses and their respective legal counsel.

However, court proceedings are usually opened to the public, and court decisions are also made public.

Pursuant to Rule 5-1 of the Supreme Court Family Rules, the Supreme Court of British Columbia can make an order sealing financial information, if:

 the court considers that public disclosure of any information filed under this rule would be a hardship on the person in respect of whom the information is filed

Court documents, filed in the above noted application, set out:

One very prominent business owned by the Aquilini family is the Vancouver Canucks. Serious harm would flow to that business if its financial information were made publicly available.

The application brought by Mr. Aquilini should be heard in the Supreme Court of British Columbia (Vancouver Registry) on Tuesday, June 12, 2012, according to NBC Sports.

NOTE – If you need to find a courtroom or hearing time, daily lists can be found on Court Services Online.

Divorce: why don’t my papers look like Kobe Bryant’s?

Q: What are my divorce documents going to look like?  Why do they look nothing like the documents I see online or on TV?

A: Recently, copies of celebrity divorce documents have showed up on the internet for anyone to view. For example, Kobe Bryant’s wife filed for divorce and the papers were published on popular websites for the public to view.

The reason that the documents look different from that of Kobe Bryant or Arnold Shwarzenegger is because divorce documents look different in each jurisdiction.

Why didn't I get served with something that looks more like this???

In British Columbia, a claim for divorce (formally called a Notice of Family Claim) generally looks like this .  It will be filled out by either you or your lawyer and customized to meet your personal circumstances.

Q: Do I have to worry that everyone can see my divorce documents on TMZ.com…or CNN?

Generally, no.  In British Columbia only certain people can access divorce documents.  It is set out in the Supreme Court Family Rules (Rule 22-8) that only certain people can search a registry file in British Columbia unless the court orders otherwise – the parties, a person authorized by a party or party’s lawyer or a lawyer.

However, the fact that the court does not release your documents to the general public does not preclude your ex-spouse (or soon to be ex-spouse) from sharing them.   It is best to keep your court documents private and only disclose documents if your lawyer advises you to.

In certain jurisdictions, such as in Alberta, anyone can access a family law file if they make the appropriate request to the courts.  Again, it is important to note that things will be different in each province and country so what may be the case for you in British Columbia might not be the same for your sister in Alberta or your uncle in California.

Also, it is important to note court proceedings  are generally open to the public in British Columbia and court decisions are available online.