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.
