What is the test for striking a party’s pleadings?
Ontario, Canada
The following excerpt is from Cohen v Cohen, 2015 ONSC 3374 (CanLII):
In Kovachis v. Kovachis,[3] a case also involving striking a party’s pleadings and where, like this case, there had been a consent Order for disclosure earlier made, the court commented that, “… Without one side’s participation in the trial, there is a risk the court will not have either enough information or accurate information to reach a just result. If the judgment provides for continuing obligations that can only be varied on changed circumstances, as many family law judgments do, the injustice may be perpetuated.” (bolding added.)
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