Don’t Mess with Me: Pursuing Conspiracy Claims in Family Law

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They lied. Your ex’s family helped him/her hide assets from the courts. It wasn’t an innocent mistake, an accidental oversight. It was a deliberate conspiracy to make it look like your ex had less so that you would get less in the divorce settlement. They know it, you know it, and you have the paperwork to prove it, but what can you do about it?

Thanks to a reversal judgement by C.W. Hourigan J.A., you can now bring a conspiracy claim against your ex’s family in matters of family law.

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In the case of Leitch v. Novac, Justice Hourigan states that nondisclosure is the “cancer of family law.” In his judgement, the tort of conspiracy is a valuable tool the courts can use to ensure fairness.  Without it, there are no consequences for co-conspirators who facilitate nondisclosure—no deterrent to their illegal behaviour.

In other words, this case can help ensure that your ex’s family won’t get away with it - they can’t conspire with your ex against you and your children; they can’t help your ex to hide or deny the existence of assets.

If you suspect that your ex and his/her family or friends have crossed the line between helping your ex and hurting you and your children, reach out to us for a free consultation.