101 total
Leave to appeal denied; bank failed to make full and fair disclosure on ex parte motion.
The plaintiff bank sought leave to appeal an order setting aside an ex parte order for the seizure and sale of the defendants' property.
The motion judge had set aside the ex parte order because the bank failed to provide full and fair disclosure of material facts, including the defendants' location and financial status.
The Divisional Court dismissed the motion for leave to appeal, finding no conflicting decisions and no reason to doubt the correctness of the motion judge's decision regarding the high standard of disclosure required for ex parte orders.