The Applicant brought a motion to strike the Respondent's Answer due to his persistent non-compliance with court orders, including failure to participate meaningfully in the proceeding, pay costs, and file required documents.
The court found multiple triggering events for striking the pleadings, noting the Respondent's pervasive disregard for court authority and the resulting delay.
While acknowledging the drastic nature of striking pleadings, especially in family law cases involving children, the court found it proportionate given the circumstances.
The Respondent's Answer was conditionally struck, allowing for reinstatement if he complied with specific terms by a set date.
If non-compliance persists, the Respondent's trial participation will be severely limited, but not entirely denied, to ensure a "richer record" for the children's best interests determination.
Costs were awarded to the Applicant.