The defendants brought a motion seeking leave and an order striking the statement of claim and dismissing the action due to the plaintiff’s repeated failure to comply with two court orders requiring attendance for continued examination for discovery.
The plaintiff failed to attend four scheduled discovery dates and provided no adequate evidence explaining the breaches.
The court held that although the plaintiff’s conduct demonstrated non-compliance with court orders, the record did not justify immediate dismissal of the action given the procedural context and the absence of a clear "last chance" order.
Applying a contextual approach to sanctions for breach of court orders, the court declined to dismiss the action but imposed strict conditions compelling attendance for discovery and compliance with undertakings.
The court issued a final "last chance" order warning that any further failure to attend would result in dismissal of the action.
