What are the pleadings of the husband in a personal injury action?
Ontario, Canada
The following excerpt is from DeMarco v. DeMarco, 2005 CanLII 6389 (ON SC):
The pleadings of the husband were struck by order of Bain J. dated May 7th, 2003 as the result of his failing to comply with an order of Henderson J. dated January 15th, 2003 requiring him to re-attend to be examined for discovery. At the opening of trial I made and Order allowing the husband to participate in the trial to the extent of cross-examining on the issues which had been raised by the wife in her Statement of Claim and in particular with respect to the value of the assets which were being divided but not allowing him to raise new issues in the action. See Szabo v. Szabo 5 R.F.L. (2d) 176.
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