Nobody Expects the Spanish Inquisition: A Primer on the Use (and Abuse) of Ex Parte Proceedings in Civil Cases

Authors

Robert Currie, Dalhousie University Schulich School of LawFollow

Document Type

Article

Publication Date

2009

Keywords

Civil Law, Civil Procedure, Ex Parte Proceedings in Civil Cases, good faith, disclosure, justice

Abstract

On any ex parte application, the utmost good faith must be observed. That requires full and frank disclosure of all material facts known to the applicant or counsel that could reasonably be expected to have a bearing on the outcome of the application. Because counsel for the applicant is asking the judge to invoke a procedure that runs counter to the fundamental principle of justice that all sides of a dispute should be heard, counsel is under a super-added duty to the court and other parties to ensure that as balanced a consideration of the issue is undertaken as is consonant with the circumstances.

Comments

From Selected Works of Robert Currie.

Recommended Citation

Robert J. Currie, "Nobody Expects the Spanish Inquisition: A Primer on the Use (and Abuse) of Ex Parte Proceedings in Civil Cases" (2009) ARCL 443.

Publication Abbreviation

ARCL