The Plaintiffs moved to strike the statement of defence due to the Defendant's failure to serve a sworn affidavit of documents and attend examination for discovery.
Alternatively, they sought an order compelling compliance.
The Defendant cross-moved to compel the injured Plaintiff, Zbigniew Antczak, to attend examination for discovery, arguing his injuries did not prevent it.
The court dismissed the Plaintiffs' motion to strike, finding the Defendant had cured the affidavit default and had a reasonable explanation for delaying discovery (pending Crown Brief from Highway Traffic Act charges).
The court also dismissed the Defendant's cross-motion, ruling that Zbigniew Antczak, due to severe traumatic brain injury and court-appointed guardianship, was not competent to give evidence at discovery.
