What is the consequence of an order striking the pleadings of a party?
Ontario, Canada
The following excerpt is from Biniaminov v. Biniaminov, 2018 ONSC 5454 (CanLII):
The rationale for such a cautious and restrained test was explained in the case of Kovachis v. Kovachis, supra, at paragraph 25. The consequence of an order striking the pleadings of a party effectively prohibits that person from participating in any way at the trial of the matter. Without that participation there is a risk that the court will not have all necessary and accurate information to reach a just result. If the judgment provides for continuing obligations or relationships that can only be varied on changed circumstances, as often happens in family law judgments, then injustice may be perpetuated.
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