What is the test for setting aside an ex parte order where there has been a failure to disclose all material facts?
British Columbia, Canada
The following excerpt is from McKnight v. Hutchison, 2009 BCSC 343 (CanLII):
The court may set aside an ex parte order where there has been failure to disclose all material facts, without regard to the merits of the application. “A material fact is one that may or might affect the outcome of an application.” See Evans v. Umbrella Capital LLC 2004 BCCA 149 at para. 33.
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