What is the test for striking a counter-application against a respondent who is in arrears of paying support?
Ontario, Canada
The following excerpt is from Chiaramonte v Chiaramonte, 2016 ONSC 7328 (CanLII):
The same principle was noted in Chickee v. Chickee [2000] O. J. No. 2769, wherein the respondent was in arrears of paying support and was given time to pay the arrears and in default of which his counter-application would be struck (para. 11).
In Myles v. Reed [2003] O. J. No. 848, Agro J. concluded that the applicant had wilfully ignored orders of the court and had frustrated the respondent’s ability to have a timely trial of the issues. The respondent’s ability to properly and thoroughly prepare for trial had been compromised by the withholding of financial information and the fulfillment of undertakings (para. 16). The applicant’s pleadings with respect to financial issues were struck.
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