What is the legal basis for striking out of a statement of defence?
British Columbia, Canada
The following excerpt is from O'Mara v. Son, Kim et al., 2007 BCSC 871 (CanLII):
It has been urged on me by counsel for the defence that the defendant’s lawful excuse would be actual ignorance of the discovery dates or the order made at the Case Management Conference. It has also been suggested by defence counsel that striking out of a statement of defence is a Draconian measure only to be invoked in the most egregious of cases where the defendant is so ill-deserving as to warrant such a fate: Homer Estate v. Eurocopter (2003), 2003 BCCA 229 (CanLII), 297 WAC 316, 12 B.C.LR. (4th) 321.
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