The appellants appealed a motion judge's order striking their statement of defence and counterclaim due to their persistent failure to answer undertakings, produce relevant documents, and comply with multiple court orders.
The Court of Appeal dismissed the appeal, upholding the motion judge's discretionary decision.
The court found no reversible error, emphasizing the fundamental importance of disclosure, the prejudice caused by non-compliance, and the court's authority to impose proportionate remedies, including striking pleadings, for flagrant disregard of court process and orders.
