What is the test for bringing forward an application for a recognition order on an ex parte basis?
British Columbia, Canada
The following excerpt is from GJB Enterprises Inc. (Receiver) v. GJB Enterprises Inc., 2012 BCSC 567 (CanLII):
That said, the receiver did bring his application forward and the recognition order was granted on an ex parte basis. When challenged, an ex parte order of any stripe must stand up to the well known and accepted test that the applicant must make full and frank disclosure of all relevant material facts whether those facts support or undermine the application: Evans v. Umbrella Capital LLC 2004 BCCA 149. If relevant material facts are withheld from the record of the application, and if those facts could have affected the outcome of the application, then the ex parte order ought to be set aside.
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