When will a new injunction be considered?

I now turn to the question of whether or not a new injunction should be considered. I have reviewed the case of BMF Trading v. Abraxis Holdings Ltd., 2000 BCSC 1691, a decision of Madam Justice Neilson of this court, and I find those reasons compelling. I have concluded that while this non-disclosure was material, it was non-disclosure of a technical nature in that there was a failure for counsel for the plaintiffs to disclose to the court a defence that the defendants would have. In such a circumstance, in my view, the court should exercise their discretion to hear afresh the injunction application. The effect of this non-disclosure was not so grave as to offend the court, and require the court to deny the plaintiffs the right to renew their application in order to protect the integrity of its own process.