What is the case law on disclosure in the context of a personal injury application?

British Columbia, Canada


The following excerpt is from 472900 B.C. Ltd. v. Thrifty Canada Ltd., 1997 CanLII 2217 (BC CA):

His Lordship Mr. Justice Parrett then said, however, at paragraph 46: A review of the reasons as a whole, in my view, supports the proposition that it remains within the courts discretion to proceed with a fresh application. There is nothing within the reasons of the Chief Justice which in any way suggests that in circumstances such as those in the present case the policy grounds outlined by Reading, C.J. in Kensington should not prevail. And the reference to Kensington is Rex v. Kensington Income Tax Commrs.; Ex parte de Polignac (Princess) [1917] 1 K.B. 486 wherein it was pointed out that failure to disclose can have unpleasant consequences for those seeking injunctions.

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