The appellant husband appealed a trial judge's decision to strike his pleadings and preclude his participation at a family law trial, as well as the resulting corollary relief orders.
The trial judge struck the pleadings after finding the appellant committed egregious and continuing breaches of non-depletion and restraining orders, and failed to meet disclosure obligations.
The Court of Appeal dismissed the appeal, holding that the trial judge properly exercised his discretion to impose the severe sanction given the appellant's intransigence and the likelihood that his participation would only prolong the trial without advancing its truth-seeking purpose.
The Court also dismissed a motion to introduce fresh medical evidence and upheld the trial judge's substantive awards for equalization, child support, and spousal support.