In an estate dispute concerning alleged breach of fiduciary duty by an attorney for property, the estate trustee moved to strike the defendant’s statement of defence and counterclaim due to failure to satisfy undertakings given on discovery.
The court held that although the motion was brought outside the timetable set at a trial management conference, the obligation to satisfy undertakings continues and the motion could still be heard.
However, striking pleadings is a drastic remedy reserved for cases of blatant disregard for court orders, which was not established on the facts.
The court instead ordered the defendant to comply with numerous outstanding undertakings, including production of banking and brokerage records and clarification of pleadings.
No costs were awarded.