What is the test for "all material facts" in a motion?
Ontario, Canada
The following excerpt is from Persaud v. Ramawad, 2021 ONSC 5888 (CanLII):
To be clear, the phrase “all material facts” means all those facts that might reasonably affect the outcome. See Fox v. Fox, 2014 ONSC 1135 (Div. Ct.), at para. 12. The test is an objective one.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for using the word "similar fact evidence" in a motion where the evidence is not the same fact evidence? (Ontario, Canada)
What is the standard of review for a motion of no confidence in a motion to amend the terms of a motion? (Ontario, Canada)
Does a finding that the moving party on a motion made without notice fully and fairly disclose all the material facts result in the order being set aside? (Ontario, Canada)
What is the test for elevated costs of a motion for a motion to amend a motion? (Ontario, Canada)
On an interim motion, is it more likely that the court will grant a motion to allow the motion to be heard before trial? (Ontario, Canada)
Can a motion judge make a summary judgment decision based on uncontested facts or facts that are admitted or baldly denied? (Ontario, Canada)
What is the result of a motion to redact reference to settlement conference materials from the applicant's motion? (Ontario, Canada)
What is the legal test for disclosing material facts on an ex parte motion? (Ontario, Canada)
Can a motion to vary an order be made on the basis that it has materially incomplete material that would have changed the outcome? (Ontario, Canada)
What material facts must be disclosed to a judge on an ex parte motion? (Ontario, Canada)
