What is the test for a judge to review an order made on an ex parte order?
Ontario, Canada
The following excerpt is from D.S.B. Systems Ltd. v. Kastem Security Solutions Ltd., 2019 ONSC 6576 (CanLII):
The Rules require a full review of the original ex parte order because this is the first opportunity the court has to hear the other side. As Mesber J. stated in Promo-Ad v. Keller, 2013 ONSC 1633, at para. 55: Another issue is the general role of the judge reviewing the original order, but with the benefit of a full evidentiary record from all parties. Ordinarily, the court would be bound by a prior decision of a judge of the same court. Since, however, the original orders were made without notice, the court reviewing the ex parte order must hear the matter de novo. Strong Prima Facie Case
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