In what circumstances will a court strike a defendant's pleadings for wilfully failing to comply with disclosure orders?
Ontario, Canada
The following excerpt is from Chiaramonte v Chiaramonte, 2016 ONSC 7328 (CanLII):
In Azimi v. Mansoury-Tehrany [2012] O.J. No. 751, McDermot J. found that the applicant had wilfully failed to comply with disclosure orders. The applicant’s pleadings were struck however the order striking pleadings was stayed for 30 days in order to allow the applicant an opportunity to complete disclosure and seek an order re-instating his pleadings.
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