Does a defendant have an opportunity to set aside an ex parte order if they demonstrate any injustice or prejudice?

British Columbia, Canada


The following excerpt is from Tyson v. Canada (Attorney General), 1997 CanLII 4218 (BC SC):

In Minter v. Reeves and Reeves, 9 B.C.L.R. 276 (B.C.C.A.), Seaton J.A. at p. 278 cited the trial judge's order that alluded to the defendants having the opportunity to set aside the ex parte order and at that time "demonstrating any injustice or prejudice that my order may cause them...." On the appeal the respondent took that position, alleging that the appellants had not demonstrated any injustice or prejudice. Seaton J.A. stated: It is not clear that there is any such onus on the appellants. There need not be a particular prejudice. The appellants can rely upon the prejudice that necessarily follows from long delay.

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