The plaintiff brought a motion for summary judgment seeking the dismissal of the defendant's counterclaim in a construction lien action.
The defendant had repeatedly failed to produce financial documentation relevant to its delay counterclaim, despite multiple requests and a court order, resulting in the adjournment of four scheduled trial dates.
The court found that the defendant's actions were deliberate and calculated to delay the trial on the merits.
Applying Rule 60.12 of the Rules of Civil Procedure, the court concluded that this was an exceptional case where striking the pleading was warranted to protect the administration of justice.
The defendant's counterclaim was dismissed.
