Is a failure to disclose material facts sufficient to discharge a certificate of pending litigation?

Ontario, Canada


The following excerpt is from Xu v. 2217291 Ontario Inc., 2014 ONSC 4447 (CanLII):

The failure to disclose material facts is sufficient on its own to discharge a certificate of pending litigation (Allen v. Process Matters, 2006 CarswellOnt 1513 (S.C.J. - Mast.) at paras. 34-36).

Other Questions


What is the test for setting aside an ex parte order where there has been a failure to disclose all material facts? (British Columbia, Canada)
What is the test for discharge of a Certificate of Pending Litigation? (Ontario, Canada)
What is the duty of a realtor to disclose all material facts to a prospective buyer of a property? (British Columbia, Canada)
Does an applicant for disability insurance have to disclose all material facts? (Ontario, Canada)
Can a shareholder of a company file a certificate of pending litigation? (British Columbia, Canada)
What is the test for granting a certificate of pending litigation? (Ontario, Canada)
Does a finding that the moving party on a motion made without notice fully and fairly disclose all the material facts result in the order being set aside? (Ontario, Canada)
When is failure by an attending physician or surgeon to disclose material risks of a procedure or operation negligence? (Saskatchewan, Canada)
What causes of action have been found in a certificate of pending litigation based on interest in land under a constructive trust? (British Columbia, Canada)
What is the impact of a certificate of pending litigation on a plaintiff's property? (British Columbia, Canada)