Does a party apply for an interlocutory injunction without giving notice to the other party?
British Columbia, Canada
The following excerpt is from Regional District of Nanaimo v. Buck, 2012 BCSC 572 (CanLII):
If a party applies for an interlocutory injunction without giving notice to the other party, there is an obligation on the applicant to make “a full and frank disclosure of relevant facts” to the court. If it is later shown that has not been done, the order granted ex parte will be set aside, even if the evidence would have supported the order. It would appear that “relevant facts” mean “material facts”, and that 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 paras. 32 - 34.
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