The appellant appealed a motion judge's decision to strike its statement of defence and counterclaim.
The appellant had repeatedly failed to comply with the Rules of Civil Procedure, ignored communications from opposing counsel, and breached a consent order requiring the delivery of an affidavit of documents and payment of costs.
Applying the principles from Falcon Lumber, the Court of Appeal found no error in the motion judge's conclusion that the appellant's overall failure to participate in the litigation process warranted the extreme remedy of striking its pleadings.
The appeal was dismissed.
