Does a finding that the moving party on a motion made without notice fully and fairly disclose all the material facts result in the order being set aside?
Ontario, Canada
The following excerpt is from Falsetto v. Falsetto, 2019 ONSC 6405 (CanLII):
A finding that the moving party on a motion made without notice did not fully and fairly disclose all the material facts will not necessarily result in the order being set aside. If such a finding is made, the court must then decide whether, if full and fair disclosure of the material facts had been made, the order made without notice “may well not have been made”: see Khmelevskikh v. Zubashvili, 2018 ONSC 2160, at para. 30. b) Positions of the Parties
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