What is the legal test for disclosing material facts on an ex parte motion?
Ontario, Canada
The following excerpt is from Komarnycky v. Laramee, 2012 ONSC 6503 (CanLII):
The absence of a party from the courtroom when a request is made for an order affecting his or her rights places a very high duty and burden on the party seeking the order. That duty is to make full and frank disclosure of all material facts – i.e. facts which might make the decision doubtful or might affect the outcome of the motion. The burden on the moving party to make full disclosure is a high one, and rightly so in a court system which operates on principles of openness, transparency and the adversarial presentation of cases. In Sparkle Ventures v. At My Accounting Department[5] I reviewed, at length the meaning and practical application of the obligation on a party to make full and frank disclosure of material facts on an ex parte motion.
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