The respondent was previously found in contempt for failing to comply with multiple financial disclosure orders in a family law proceeding.
Despite being given numerous opportunities and being fined, the respondent persisted in his failure to provide complete banking records, authorizations, and a proper business valuation.
The applicant sought orders for the respondent's incarceration and to strike his pleadings.
The court declined to order incarceration, finding it would not likely bring about compliance and would disadvantage the applicant.
However, applying the three-part test from Ferguson v. Charlton, the court struck the respondent's pleadings due to his egregious and deliberate non-compliance, allowing the applicant to proceed to an uncontested hearing.
