The plaintiff brought a motion to strike the statement of defence of Shazia Khan due to her persistent non-compliance with multiple court orders regarding discovery, document production, and accounting.
The motion also sought to schedule default judgment against Shazia Khan and summary judgment against Haroon Khan, and for production of documents from non-parties National Bank of Canada and Bank of Nova Scotia.
The court denied an adjournment requested by the defendants based on an alleged settlement, prioritizing timely access to justice given the history of non-compliance.
The court granted the motion to strike Shazia Khan's statement of defence, finding her conduct a blatant disregard for court rules and orders, warranting this severe remedy.
The non-party production orders were also granted.
The scheduling of the judgment motions and a potential motion to enforce the alleged settlement was deferred to a case conference.