The appellants appealed a motion judge's decision to strike their statement of defence.
The motion to strike had been adjourned to permit the appellants to pay a long outstanding costs award or file evidence of impecuniosity.
The appellants did neither.
The Court of Appeal found no basis to interfere with the motion judge's decision and upheld the striking of the statement of defence.
The appellants were ordered to pay costs of the appeal in the amount of $4,000.00 inclusive of disbursements and applicable taxes.
