Can a court strike a statement of defence and/or an appearance?
British Columbia, Canada
The following excerpt is from Besic v. Kerenyi, 2012 BCCA 187 (CanLII):
The striking of a statement of defence and/or an appearance is also a discretionary remedy that may only be set aside in the event of misdirection or if the decision is so clearly wrong as to amount to an injustice (Elsom v. Elsom, 1989 CanLII 100 (SCC), [1989] 1 S.C.R. 1367 at 1375). The chambers judge said on April 12, 2011, “The authorities are quite clear that non-compliance I don’t have a discretion to do anything more” [sic]. With respect, even considering the March 11 and April 12 applications together, this statement amounts to misdirection. The chambers judge retained discretion to decline to strike the statement of defence and appearance.
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