The plaintiff brought a motion to strike the defendants' statement of defence and counterclaim due to their failure to attend examinations for discovery and comply with court-ordered timetables.
The defendants argued that examinations should be delayed until tax liability issues were resolved.
The court found that the defendants unilaterally refused to comply with a court order.
While not immediately striking the defence, the court ordered the defendant Daniel Silver to make himself available for examination within 30 days, failing which the plaintiff could renew the motion to strike.
The plaintiff was presumptively entitled to costs for the motion.
