The applicant brought a motion to strike the pleadings of the respondent and two added respondents for persistent and deliberate non-compliance with numerous court orders.
These orders included requirements for financial disclosure, payment of spousal support and costs, and adherence to preservation orders related to the sale of the matrimonial home.
The court found the respondents' conduct to be in bad faith, rising to the level of fraudulent misconduct, aimed at frustrating the applicant's financial claims.
Given the egregious nature of the breaches and the futility of lesser remedies, the court granted the motion, striking the respondents' pleadings and allowing the applicant to proceed to an uncontested trial.