The defendant appealed an order striking its statement of defence in a wrongful dismissal action.
The statement of defence was struck after the defendant engaged in a months-long pattern of delaying and frustrating the scheduling of examinations for discovery, despite warnings from plaintiff's counsel and a case management judge.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the Associate Justice's exercise of discretion.
The court confirmed that striking the pleading was a proportionate response to the defendant's egregious and ongoing dilatory conduct.
