What is a lawyer's duty to disclose all material facts in the context of an application?
British Columbia, Canada
The following excerpt is from Access Human Resources Inc. v Earl, 2018 BCSC 2347 (CanLII):
The duty is to make full and frank disclosure of all material facts - meaning facts that might be expected to influence the granting or rejection of the application in question. Materiality is ultimately to be determined by the court in each particular case. Where a lawyer is in doubt, he or she should err on the side of disclosure (Kriegman v. Dill, 2018 BCCA 86, at para. 43).
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