The plaintiff, Capstack Advisory Services Inc., brought a motion to strike the statement of defence of Northern Lights Enterprise Inc. and Aalto Development Inc. due to their failure to serve an affidavit of documents.
The defendants argued the motion was premature and improper, requesting a reciprocal order for the plaintiff to provide a better affidavit of documents and a discovery timetable.
The court dismissed the motion to strike, finding the circumstances did not warrant such a severe remedy, partly due to the plaintiff's own delays and failure to respond to alleged deficiencies in its own disclosure.
Instead, the court ordered a specific timetable for both parties to complete their discovery obligations, emphasizing the "Three C's" of cooperation, communication, and common sense.