In a family law proceeding, the respondent sought to strike the applicant's pleadings for his repeated failure to comply with court orders regarding financial disclosure and the payment of costs.
The court reviewed the applicant's history of non-compliance, noting multiple warnings and breaches of previous orders.
Applying the three-pronged test for striking pleadings, the court found that the applicant's wilful disregard of his fundamental disclosure obligations constituted a triggering event.
Concluding that no other remedy would suffice, the court struck the applicant's pleadings pursuant to Rule 1(8)(c) of the Family Law Rules and ordered the matter to proceed to an uncontested trial.
