Protests And Injunctions: Is The Presence Of Journalists A Material Fact For The Court?

A fundamental principle of our legal system is that all parties to a dispute should be given the opportunity to be heard. However, the law recognizes that some circumstances warrant speedy judicial intervention in proceedings brought without notice to the adverse party. 

What are the obligations on a party seeking ex parte relief from the court? 

The Newfoundland and Labrador Supreme Court, Trial Division recently reviewed whether an ex parte order may be overturned on the basis of non-disclosure of facts in Nalcor Energy v Anderson.¹

This case is also of note as it addressed the status of journalists exercising their Charter right of freedom of the press in the face of an injunction.