Can an order to strike a pleading be made at a settlement conference?

Ontario, Canada


The following excerpt is from C.A. v. K.G., 2019 ONSC 2571 (CanLII):

As stated in Burke v. Poitras at para. 7, an order striking a pleading can be made at any time in the proceeding to promote the overarching purpose of the Family Law Rules: 7 The express purpose of the Family Law Rules is to ensure fairness, save time and expense, and give appropriate resources to the case (while allocating resources to other cases), in order to manage the case, control the process, ensure timelines are kept, and orders are enforced. As clearly stipulated in subrules 1(7.1), (8) and (8.1), an order, including an order to strike pleadings, can be made at any time in the process, including the settlement conference, to promote these overarching purposes. In this way, any order that promotes the overall objectives of the rules may be made at any time, including at a settlement conference.

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