Is there a remedy for repeated disobedience of injunctions and of orders to make proper discovery of documents?
British Columbia, Canada
The following excerpt is from VF Operations Canada Inc. v. Randhawa Farms Ltd., 2015 BCSC 1845 (CanLII):
In Schwarzinger v. Bramwell, 2011 BCSC 304, Madam Justice Fitzpatrick considered repeated disobedience of injunctions and of orders to make proper discovery of documents. The remedy sought by the plaintiff was an order striking out the defendant’s pleadings as well as judgment with damages to be assessed. Fitzpatrick J. determined that in the circumstances of that case, the requested orders must be made. At para. 107 Fitzpatrick J. observed:
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