They Accidentally Shared Files With Me — Can I Use Them in Court? Richmond Hill Chinese Divorce Lawyer: Yes, Save Them Now

In a divorce case, both sides are doing disclosure. The other side has a batch of tax documents their lawyer decided not to disclose — stalling, refusing to hand them over. You’ve got everything else; it’s the tax part they’re sitting on.

Then one day they slip. Sharing tax files with their accountant, they pick the wrong person — files meant for the accountant land with you. You open them: exactly the tax documents they’ve been hiding.

Can you use them? Should you save them right now?

Yes. Save them now — they can notice and unshare at any moment.

Do files I got by mistake count?

They count. But let’s be clear: not every way of getting them is fine. If you went after them with actively illegal means — hacking their accounts, stealing from their home — that won’t fly.

Anything not obtained by active illegal means is fine: found at home, already sitting on your computer, accidentally shared with you. The court looks at whether the file is genuine — it won’t say “wrong source, can’t use this.”

One more thing to know: evidence rules in civil court and family law are not the same as in criminal court. Criminal courts are very strict about how evidence was obtained — illegally obtained evidence gets thrown out, period. Family court isn’t that strict. Why? Because family law has to sort out property and the kids — the judge cares more about what the truth is. A file that’s genuine and goes to the heart of the case won’t get killed over where it came from.

So remember two lines: don’t go get things through illegal means; once you have them and they’re genuine, you can use them. In litigation the hard part is getting the file — getting it is the win.

They never formally disclosed — can I still use them?

Yes. Their lawyer deciding not to disclose is tactics. It doesn’t mean the files don’t exist, and it doesn’t mean you can’t use them.

Disclosure is an obligation — files that should be produced must be produced. They’re sitting on them; you’ve got genuine copies. Use them, argue them in court like normal. They can’t stop you — they’re not going to get far telling a judge “the file is real but you’re not allowed to use it.”

What if they keep stalling and won’t produce?

Bring a motion to compel disclosure. Force their hand.

The tactic is delay: tomorrow becomes next week, the files are always “being prepared,” always “almost ready.” If you don’t push, they stall forever — until you’ve lost patience, until trial.

A motion changes that. The court’s watching, the judge is asking questions, and suddenly they produce. We’ve seen it: endless stalling, motion goes in, partial files arrive right away. Not a guilty conscience — court pressure.

If you truly can’t get them, persuade the judge for an order compelling production. And there’s another layer: they themselves want to use these files to prove their own claims — want them as evidence but won’t show the other side. Doesn’t work that way. No solicitor-client privilege there — produce what should be produced.

I have the files — what’s the right way to handle them?

Save them yourself first. Download, onto your own computer, your own cloud — don’t lose them. The moment they realize the mistake, the share can vanish. Pocket them first.

Then go the proper route: motion to compel disclosure, make them produce formally. Do it by the book.

If they flat-out refuse, your genuine files earn their keep. Take them to court and say: they’re acting in bad faith — the files exist and they’re hiding them; and our files are genuine, obtained without any illegal means — ask the court to admit them as evidence. One set of files, two jobs: proof of their bad faith, and your evidence.

I had a case like this: the other side lied, and we had a recording they didn’t know about. The family judge wrote it right into the reasoning: obtained without illegal means, materially relevant to the case — admitted as evidence.

See how the judge thinks — two things: first, how it was obtained, any illegal means; second, how important it is, whether it materially relates to the case. Pass both, and it’s in. Whether they knew you had it doesn’t matter.

So: save the files, go the proper route, and if they play games and won’t produce, what you hold proves their bad faith and serves as your evidence.

Files they’re sitting on that you managed to get are evidence. Save them first, push them to disclose properly, and if they play games, what you hold still works. Book an initial consultation (30 minutes, $220+HST). Call 647-930-6688.

This is general legal information only. Not legal advice. No lawyer-client relationship.