What is the test for full disclosure in the context of a motion or application?

Ontario, Canada


The following excerpt is from 790668 Ontario Inc. v. D’Andrea, 2003 CanLII 21929 (ON SC):

This requirement of full disclosure is repeated in the decision of Quinn J. in 1224948 Ontario Ltd v. 448332 Ontario Ltd. (1998) 22 R.P.R. (3d) 200 @ 252: " In my view, an order obtained on a motion or application without notice, where there has not been full and fair disclosure of all material facts, should be set aside if there is a reasonable possibility that, with proper disclosure, the order would not have been granted. The threshold for disclosure should be high. The proper administration of justice heavily depends upon the integrity of the ex parte regime. Impeccable attention to full and fair disclosure is, therefore, a necessity: and this includes the obligation to disclose facts which might reasonably be construed as adverse to the position of the applicant or moving party."

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