The Plaintiffs sought to strike the Defendants' Statement of Defence and Counterclaim due to persistent failure to comply with undertakings and multiple court orders for document production, specifically banking records related to over $1.1 million in advanced funds for a real estate development.
Despite repeated adjournments and "last chances" from previous judges, the Defendants provided materially deficient responses without credible explanation.
Applying the principles from Falcon Lumber Limited v. 2480375 Ontario Inc., the court found the non-compliance deliberate, material, and impactful on the administration of justice.
The court emphasized the importance of timely disclosure in commercial litigation and the proportionality of striking pleadings in such circumstances.
The motion was granted, and the Defendants' pleadings were struck.
