Can a statement of defence be struck out in a sexual assault case?

If such a drastic remedy as striking out a statement of defence is potentially available in circumstances similar to these, I think it is reasonable to conclude that such conduct could support the drawing of an adverse inference against the offending party. As I see it, the court should approach this issue in a way similar to the issue of a party’s failure to call a witness who might have given material evidence. The most recent authority on this point is Buksh v. Miles 2008 BCCA 318. In that case, it was made clear by the court (at paragraph 35) that a trial judge must first decide, as a matter of law, whether the failure to call a witness is capable of supporting “the inference that the witness not called would have given evidence detrimental to the party’s case.” The court listed relevant factors to be considered, which included the explanation for not calling the witness, the nature of the evidence the witness could have given, and any other relevant circumstance in the trial. Only if the trial judge answers this question of law in the affirmative will the issue be decided as a matter of fact, whether such an inference should, or should not, be drawn.