The plaintiff, Daynah Allen, sought a date for a motion to strike the Statement of Defence in her long-term disability claim against Sun Life Assurance Company.
The court refused to schedule the motion, finding it meritless and certain to fail, as the defendant filed its defence before being noted in default.
The court also addressed the parties' conduct, discovery issues, and awarded substantial indemnity costs against the plaintiff due to her persistent pursuit of the motion despite repeated judicial warnings.