What is the standard of disclosure required on an application to vary?
British Columbia, Canada
The following excerpt is from Shair.com Global Digital Services Inc. v Arnold, 2019 BCSC 870 (CanLII):
In terms of the defendant’s application to vary, it is well established that, on an ex parte application, it is the obligation of the applicant to make full and frank disclosure of all material facts that may affect the outcome of the application: Pierce v. Jivraj, 2013 BCSC 1850 at para. 37; Money in a Minute Auto Loans Ltd., v. Price, 2001 BCSC 864 at paras. 12-13 [Money in a Minute].
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