The appellant, Shirmati Singh, appealed an order striking her pleadings for non-compliance with previous orders to pay occupation rent, which led to a default judgment for possession of a home.
The Court of Appeal for Ontario found no error in the motion judge's initial decision.
However, during the appeal hearing, the appellant's representative offered to pay the outstanding arrears.
The court made a conditional order, allowing the appeal and setting aside the orders striking pleadings and granting default judgment, provided the arrears were paid.
The payment was made, and the court determined that striking the pleadings was no longer a proportionate response given the removal of prejudice to the respondent.
