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The court refused to reinstate the respondent's struck pleadings due to his ongoing failure to comply with disclosure orders and his egregious litigation conduct.
The court considered a motion by the respondent, D.M.S., to reinstate his pleadings after they were struck for failure to comply with disclosure orders in a protracted family law dispute.
The court reviewed the respondent’s compliance with various disclosure items, found significant deficiencies remained, and considered the respondent’s litigation conduct.
The court exercised its discretion to refuse reinstatement, citing ongoing non-compliance, confusion in accounting, and prejudicial litigation behaviour.
Costs were awarded to the applicant and added parties.
