The Respondent brought a motion seeking to strike the Applicant's pleadings or dismiss her application due to her persistent failure to provide court-ordered financial disclosure and answers to undertakings.
The Applicant opposed, arguing substantial compliance since the motion's service.
The court found the Applicant had a history of non-compliance, exacerbated by her counsel's medical issues, but noted significant disclosure was provided after the motion was served.
While acknowledging the Applicant's failure to comply with timelines, the court deemed striking pleadings a draconian remedy.
The motion to strike was dismissed, but the Applicant was ordered to provide remaining specific disclosure by set dates, and certain undisclosed documents (psychiatric reports, medication lists) were barred from use at trial without leave.
The case was set for trial, and the Respondent was awarded costs for the motion.