The plaintiffs brought a motion to strike the defendants' amended statement of defence, alleging a continuing pattern of disruptive conduct at examinations for discovery, breaches of court orders, certificates of non-attendance, failure to produce documents, potential spoliation, and failure to answer undertakings and refusals.
The court examined each ground individually and collectively, finding that the defendants' conduct, while imperfect, did not rise to the extraordinary level warranting the striking of pleadings.
The motion to strike was dismissed.
The defendants were awarded partial indemnity costs of $7,500 payable in the cause.
