Can a failure to satisfy a set of undertakings in a motion for judicial review affect the merits of the motion?

Ontario, Canada


The following excerpt is from Talbot v Nourse, 2016 ONSC 2335 (CanLII):

The use of the word “may” three times in this paragraph makes it clear that it is possible the failure to satisfy undertakings may lead to an adjournment or impact on the merits of a motion such as this one. There is no definitive rule calling for such a result. To the contrary, as the last words of the paragraph point out, it will depend on the specific facts of the particular case. In Pritchard v. Roadknight, the court observed that there was no demonstration that the information that would be forthcoming from satisfaction of the undertakings would materially affect the outcome of the motion. In fact, the information being sought was not relevant to the issue on the motion.

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