The appellant appealed an Ontario Court of Justice order dismissing his motion to vary a prior family order after failing to comply with disclosure orders regarding financial information.
The lower court had struck the motion and dismissed it with costs due to repeated non‑compliance.
On appeal, the court held that the motion judge had discretion under Rule 14(23) to strike the claim relating to variation of support and found no palpable and overriding error in doing so.
However, relying on King v. Mongrain, the court held that greater caution is required when striking pleadings affecting a child’s interests.
Because the motion judge did not address the access variation request, the appeal was allowed in part and that issue was remitted to the Ontario Court of Justice.
