The plaintiff brought a motion to strike the Statement of Defence and Counterclaim of the defendant corporation, Smart Renovation Solutions Ltd., and for judgment.
The corporation's "directing mind" had been repeatedly denied leave to represent the corporation, and the corporation failed to retain counsel or pay outstanding costs awards.
The court found the corporation's persistent refusal to retain counsel analogous to a failure to comply with Rule 15.04(6), invoking Rule 15.04(7), and struck the defence in the interest of justice due to the resulting delay and increased costs for the plaintiff.