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


The following excerpt is from McKnight v. Hutchison, 2009 BCSC 343 (CanLII):

The court may set aside an ex parte order where there has been failure to disclose all material facts, without regard to the merits of the application. “A material fact is one that may or might affect the outcome of an application.” See Evans v. Umbrella Capital LLC 2004 BCCA 149 at para. 33.

Other Questions


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)
Is there an obligation of counsel for an applicant for an ex parte order, as an officer of the court, to disclose any facts which might have influenced the court's decision? (British Columbia, Canada)
What is the test for setting aside an agreement where there was a failure to make disclosure of assets and liabilities? (Ontario, Canada)
Is there any case law where the failure of the respondent to fully disclose to the court was not deliberate? (British Columbia, Canada)
Is a failure to disclose material facts sufficient to discharge a certificate of pending litigation? (Ontario, Canada)
Can an injunction obtained where material facts have been suppressed be set aside? (British Columbia, Canada)
Is there any case law where the asserted benefits of a new regime must be balanced with the factors favouring the previous order or previous order? (British Columbia, Canada)
What is the law relating to motions for an order setting aside an administrative dismissal order? (Ontario, Canada)
What is the test for a court to order custody of a child where there is no prior order for permanent custody? (British Columbia, Canada)
What is the duty of a realtor to disclose all material facts to a prospective buyer of a property? (British Columbia, Canada)