Can a motion judge strike a husband’s answer for failing to comply with financial disclosure orders?
Ontario, Canada
The following excerpt is from Hall v. Hall, 2019 ONSC 5195 (CanLII):
In Mullin v. Sherlock, 2018 ONCA 1063, the court heard an appeal from a decision striking the husband’s answer for failing to comply with financial disclosure orders. In striking the husband’s answer, the motion judge did permit the husband to have limited participation in further steps in the case and at trial. On appeal, the court cited the motion judge’s finding that the husband wilfully breached the orders and found that the motion judge did not err in resorting to the strike out provisions found in r. 1(8(c): paras. 51-52.
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