What is the test for material non-disclosure?

Ontario, Canada

The following excerpt is from R. v. Hafizi, 2014 ONSC 3547 (CanLII):

It is clear however that any material non-disclosure must be material as set out in R v. Garofoli, 1990 CanLII 52 (SCC), [1990] S.C.J. No 115 at par 56: 56 The reviewing judge does not substitute his or her view for that of the authorizing judge. If, based on the record which was before the authorizing judge as amplified on the review, the reviewing judge concludes that the authorizing judge could have granted the authorization, then he or she should not interfere. In this process, the existence of fraud, non-disclosure, misleading evidence and new evidence are all relevant, but, rather than being a prerequisite to review, their sole impact is to determine whether there continues to be any basis for the decision of the authorizing judge.

Other Questions

What is the burden of persuasion for a party to justify its non-disclosure on the ground of privilege? (Ontario, Canada)
What factors will the court consider when deciding whether to set aside an agreement for non-disclosure? (Ontario, Canada)
How have the courts interpreted materiality in a complaint of non-disclosure? (Ontario, Canada)
Can partial non-disclosure constitute a misrepresentation? (Ontario, Canada)
Is a successful party on a stay motion for non-disclosure of a settlement entitled to substantial or full indemnity costs? (Ontario, Canada)
What is the test for setting aside a domestic contract for non-disclosure? (Ontario, Canada)
What is the impact of non-disclosure in the context of family law? (Ontario, Canada)
Is there any case law where there is undisputed significant non-disclosure? (Ontario, Canada)
What is the test for non-disclosure? (Ontario, Canada)
What is the test for determining whether a risk is material and whether there has been a breach of the duty of disclosure? (Ontario, Canada)

There are no other similar questions at this time.