The moving party sought leave to bring a post-set-down motion, to strike the defence and counterclaim for non-compliance with prior orders, and judgment; alternatively, it sought compliance orders, dispensation of mediation, trial scheduling directions, a stay of prior costs, and motion costs.
The court found ongoing non-compliance with obligations to appoint counsel or file intention to act in person after removal of counsel of record.
The court declined to strike the defence and counterclaim but granted the requested alternative procedural relief, including compliance deadlines, dispensing with mediation, and requiring attendance at Trial Scheduling Court.
Costs were fixed at partial indemnity and set off against prior costs, with net costs remaining payable by the moving party and payment stayed pending trial.
