The appellant appealed a motion judge's order dismissing a motion to set aside an ex parte order that struck the appellant's pleading for failing to answer undertakings given on discovery.
The Court of Appeal refused to admit fresh evidence and found no error in the motion judge's conclusion that the respondent had made full, fair, and frank disclosure on the ex parte motion.
The Court also rejected the appellant's argument that the undertakings had been answered, finding the provided answers unhelpful and unresponsive.
The appeal was dismissed with costs.
