What are the costs awarded against a bank on an ex parte motion?
Ontario, Canada
The following excerpt is from Royal Bank of Canada v. Azkia et al, 2019 ONSC 5894 (CanLII):
The bank submits that it should not have costs awarded against it. It relies on TD Bank v. Yousefie, 2014 ONSC 561 at para. 81 for the proposition that a moving party on an ex parte motion cannot be expected to anticipate every possible defence and to disclose those to the court. While I agree with that proposition, that is not the situation here. The bank is not being criticized because it failed to disclose every possible defence. It disclosed none. Moreover, it presented facts to the court in a misleading manner.
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