The plaintiff brought a motion to strike the defendant's statement of defence for failing to comply with a prior order requiring the production of specific documents, namely ingredient lists for food items supplied to the plaintiff.
The court found that the defendant had not fully complied with the order or made best efforts to obtain the missing ingredient lists from its suppliers.
However, the court declined to strike the statement of defence because the defendant had been actively defending the action.
The court ordered the defendant to take specific steps to comply with the prior order and awarded partial indemnity costs to the plaintiff.
