What is the test for requiring disclosure on a motion without notice?
Ontario, Canada
The following excerpt is from Adams v Adams, 2016 ONSC 3357 (CanLII):
The rationale for requiring full and frank disclosure on a motion without notice is obvious. The court and the absent adverse party are both entirely at the mercy of the moving party while none of the checks and balances of the adversary system are operative: United States v. Friedland (at para 26). The risk of the court being used as an instrument of injustice is great.
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