The applicant sought to strike the respondent's pleadings for non-compliance with a disclosure order and requested costs.
The respondent brought a cross-motion to dismiss the applicant's motion and for temporary access to the children.
The court found that the respondent had substantially complied with the disclosure order and that striking pleadings was an extreme remedy not warranted by the facts.
The applicant's motion was dismissed.
The respondent's cross-motion for temporary access was also dismissed, as the issue of access had previously been ordered to be determined at trial.
No costs were awarded, as neither party was entirely successful on their respective motions.
