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Ex Parte

'Ex parte' refers to a court appearance where there is no notice given to another party, for whatever reason. In some situations it is common, for example: ex parte motions are allowed where the other party fails to file a Defence, and them being noted in default. Other situations, where motions may be required before a proceeding is formally commenced, it is rare.

. Misir v Misir

In Misir v Misir (Ont CA, 2017) the rule about evidence in ex parte motions is set out:
[17] A party who seeks relief from the court in proceedings without notice is obliged to make full and fair disclosure of all material facts. This is a common law rule that is enshrined in rule 39.01(6). See also Sangster v. Sangster, 2003 CanLII 48248 (ON CA), [2003] O.J. No. 69 (C.A.), at para. 7. It is unnecessary to find that the court was deliberately misled before a court will set aside such an order. The basis of the rule is fairness. As the rule confirms, the failure to make such disclosure is a reason, in itself, to set aside the order made: Mariani v. Mariani, [2010] O.J. No. 1464 (S.C.); Balanyk v. Greater Niagara General Hospital, [1997] O.J. No. 4867 (C.A.).



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