What is the standard of conduct of a lawyer in giving evidence before a court on an ex parte basis?
Newfoundland and Labrador, Canada
The following excerpt is from Briggs (Re), 2020 NLSC 159 (CanLII):
In Ruby v. Canada (Solicitor General), 2002 SCC 75, Arbour J. wrote for the court at paragraph 27: 27 In all cases where a party is before the court on an ex parte basis, the party is under a duty of utmost good faith in the representations that it makes to the court. The evidence presented must be complete and thorough and no relevant information adverse to the interest of that party may be withheld …. Virtually all codes of professional conduct impose such an ethical obligation on lawyers ….
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the difference between a simple factual finding and the application of the legal standard for subjective belief to the evidence? (Newfoundland and Labrador, Canada)
What is the standard of care required by the Court of Appeal in relation to a bailee? (Newfoundland and Labrador, Canada)
Is the evidence in its entirety complete to permit a fresh assessment by this court in the event an award is found to be deficient or lacking? (Newfoundland and Labrador, Canada)
What is the standard of review in the context of a motion by the Court of Appeal? (Newfoundland and Labrador, Canada)
What is the standard of appeal and what is the test for determining that a third respondent’s solicitor acted in a conflict of interest? (Newfoundland and Labrador, Canada)
Is there a presumption that a lawyer subject to a lateral transfer received relevant confidential information? (Newfoundland and Labrador, Canada)
What is the standard of review of a decision by a tribunal? (Newfoundland and Labrador, Canada)
What is the test for eyewitness evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
Is there any evidence that there was a plan or scheme to lure the complainant to an isolated location to have sexual intercourse with her against her will? (Newfoundland and Labrador, Canada)
When will a lawyer be found to have a disqualifying conflict of interest if their client’s consent is not sufficient? (Newfoundland and Labrador, Canada)
