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
The following excerpt is from McKnight v. Hutchison, 2009 BCSC 343 (CanLII):
The plaintiff is not only a litigant in this action. He is also a practicing lawyer and therefore an officer of the court. Although he was not acting in his professional capacity, his obligation to make full disclosure was arguably more onerous than that of an ordinary lay litigant. I draw this conclusion from the authorities which establish that counsel for an applicant for an ex parte order, as an officer of the court, has an obligation to disclose any facts which might have influenced the court’s decision. See Evans v. Umbrella LLC at paragraph 33. In that case, Mr. Justice Donald, speaking for the court, made the following statement at paragraph 34:
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