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Motion for leave to appeal dismissed with $5,000 in costs awarded to the responding party.
The moving party brought a motion for leave to appeal an order of Carter J. dated August 10, 2022.
The Divisional Court dismissed the motion for leave to appeal and ordered the moving party to pay the responding party $5,000 in all-inclusive costs.
Order striking pleadings set aside due to lack of sworn evidence and failure to make full disclosure.
The appellant appealed an order striking his pleadings for allegedly failing to answer undertakings, and the subsequent trial judgment made in his absence.
The Court of Appeal found that the order striking pleadings was made without sworn evidence and without full disclosure by the respondent's counsel regarding the appellant's efforts to answer the undertakings.
The Court set aside the order striking the pleadings and the trial judgment, noting that striking pleadings is an order of last resort.
