The plaintiffs brought a motion to strike the remaining defendant's statement of defence for failing to comply with a court-ordered timetable.
The defendant had ignored the timetable while pursuing an appeal of the order, without seeking a stay.
The court found the defendant's deliberate non-compliance unacceptable but declined to strike the defence, noting the plaintiffs' own six-year delay in moving the action forward.
The motion to strike was dismissed, and an amended timetable was ordered.
