What is the test for whether there has been full and frank disclosure in the context of an ex parte motion?
Ontario, Canada
The following excerpt is from Confederation Life Insurance Co. v. MacDonald, 2003 CanLII 27846 (ON SC):
With reference to the issue as to whether there's been full and frank disclosure, all parties agree that there is a heavy onus upon the applicant on an ex parte motion to state its own case fairly and to inform the court on any points or facts which is in favour of the other side. See United States of America v. Friedland [1996] O.J. No. 4399.
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