What is the test for making an application ex parte that should have been made with notice?
British Columbia, Canada
The following excerpt is from British Columbia (Public Trustee) v. Batiuk, 1996 CanLII 8476 (BC SC):
9 In Leung v. Leung (1993), 77 B.C.L.R. (2d) 314, Esson C.J.S.C. concluded making an application ex parte that should have been made with notice fell within the meaning of the word "reprehensible" and warranted an order for special costs. He also noted that material non-disclosure on such an application would also be a ground for such an order. Both elements are present in this case.
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