What obligation does a party have to make full and frank disclosure when seeking an ex parte relief?
Ontario, Canada
The following excerpt is from Patel v. Shikar Properties Inc., 2009 CanLII 21495 (ON SC):
The obligation to make full and frank disclosure has been described as an exception duty on the party who seeks ex parte relief to make a balanced presentation of the facts. United States of America v. Friedland, [1996] O.J. No. 4399 paragraph 27.
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