The plaintiff brought a motion to strike the defendants' Statement of Defence and dismiss their counterclaim due to repeated failures to attend examinations for discovery and comply with court orders over several years.
The court applied the common sense factors from Advanced Farm Technologies and found the defendants' non-compliance was knowing, intentional, and material to the litigation.
The motion was granted, the defendants' pleadings were struck, and they were noted in default, with costs awarded to the plaintiff.
