Can a motion to vary an order be made on the basis that it has materially incomplete material that would have changed the outcome?

Ontario, Canada


The following excerpt is from Envoy Relocation Services Inc. v. Canada (Attorney General), 2012 ONSC 4262 (CanLII):

In any event, it is my understanding that motions to vary are generally intended to provide exceptions to the finality rules. It makes sense that an order should be modified if new information comes to light that, had it been known, would have affected the outcome. This is particularly the case where the failure to bring the information forward was not the fault of the moving party; see Lamond v. Smith (2004), 2004 CanLII 5855 (ON SC), 72 O.R. (3d) 119 (S.C.J.) where the court on its own motion set aside an order on the basis that it had materially incomplete material before it.

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