The plaintiffs brought a motion to strike the defence of the Hamilton Police Services Board and Chief Glenn DeCaire due to their repeated failure to comply with court orders and the Rules of Civil Procedure, specifically regarding documentary production and answering undertakings.
The Master found the defendants' conduct sufficiently egregious to bring the administration of justice into disrepute, noting potential non-compensable prejudice due to the purging of relevant documents.
The motion was granted, the defence was struck, and the defendants were given 30 days to move before a judge to reinstate it.
Substantial indemnity costs of $39,462.16 were awarded to the plaintiffs.
