Nobody Expects the Spanish Inquisition: A Primer on the Use (and Abuse) of Ex Parte Proceedings in Civil Cases
Document Type
Article
Publication Date
2009
Keywords
Civil, Ex Parte, 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.
Recommended Citation
Robert J Currie, "Nobody Expects the Spanish Inquisition: A Primer on the Use (and Abuse) of Ex Parte Proceedings in Civil Cases" in Todd Archibald & R Echlin, eds, Annual Review of Civil Litigation 2009 (Toronto: Carswell, 2009) 443.
