What duty of disclosure do I have when applying for a Mareva injunction without notice in Ontario?

When you apply for a Mareva injunction without notice to the other side, you take on a strict duty of full and frank disclosure - meaning you must tell the court everything material to the application, including facts, arguments, and weaknesses in your own case that might cause the court to refuse the order or grant it on different terms, not just the facts that support your position. This exists precisely because the defendant isn't there to point out the other side of the story, so the court is relying on you to present a fair and complete picture rather than a one-sided one.

Failing to meet this duty can have serious consequences well beyond simply losing the application - if a court later finds you failed to disclose something material, it can set aside the injunction entirely, even if the underlying facts would otherwise have justified it, and it can affect your credibility and costs exposure going forward in the litigation. Because the standard is demanding and the consequences of getting it wrong are serious, preparing a without-notice Mareva application requires genuinely careful, comprehensive disclosure, not just a persuasive one-sided narrative.