The plaintiff, Hoya Lens Canada Inc., brought a motion to strike the defence and counterclaim of the defendants, 2364141 Ontario Inc. o/a Vision Tech Labs Ottawa, Carl Gauthier, and 3531244 Canada Inc., and for summary judgment.
The defendants had repeatedly failed to comply with discovery obligations, including non-attendance at examinations and inadequate document production, and engaged in delay tactics.
The court found that the defendants had demonstrated a complete disregard for the judicial system and that ordering re-attendance for discovery would be fruitless.
The court also addressed the arbitration clause in the franchise agreement, concluding that the defendants had attorned to the court's jurisdiction by undue delay in seeking a stay.
Consequently, the court struck the defence and counterclaim and granted summary judgment in favour of the plaintiff for unpaid fees, royalties, and product orders, totaling $235,402.63 and $17,841.29, plus interest and costs.
