What is the test for sanction in a personal injury action?
Ontario, Canada
The following excerpt is from Akhtar v. Khalid, 2018 ONCJ 841 (CanLII):
As stated in Purcaru v. Purcaru[5], at para 49, the exceptional nature of this remedy is rooted in the significance of the adversarial system, The adversarial system, through cross-examination and argument, functions to safeguard against injustice. For this reason, the adversarial structure of a proceeding should be maintained whenever possible. Accordingly, the objective of a sanction ought not to be the elimination of the adversary, but rather one that will persuade the adversary to comply with the orders of the court.
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