What is the test for striking an answer in a personal injury case?
Ontario, Canada
The following excerpt is from Burke v. Poitras, 2021 ONCA 703 (CanLII):
After the appellant repeatedly failed to respect his disclosure obligations and failed to comply with court orders requiring financial disclosure to the respondent, the appellant’s answer was struck. Except in relation to the issues of decision-making responsibility and parenting time, the decision to strike the appellant’s answer was confirmed by this court in Burke v. Poitras, 2018 ONCA 1025, 22 R.F.L. (8th) 266. As a result, the matter proceeded as an uncontested trial.
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