What is the consequence of striking the pleadings of a party who has failed to comply with a court order requiring disclosure disclosure?

Ontario, Canada


The following excerpt is from Susko v Susko, 2016 ONSC 7092 (CanLII):

The remedy of striking of pleadings has the most drastic impact for a party that is not in compliance with court orders. It should only be imposed in the most egregious of circumstances. To determine if the sanction is appropriate in situations of nondisclosure, the court should consider the following issues: 1. What was the overall effort to complete disclosure relative to the undisclosed items and what ratio does the completed disclosure bear to the undisclosed items; 2. Are the missing pieces of disclosure relevant to significant issues in the file or are they about issues that were to have become minor? Does the mover need this disclosure to proceed and would a court be hampered in adjudicating without it? 3. Was there and is there a realistic possibility of obtaining this disclosure? What is the cost of the disclosure relative to the overall quantum of money at risk? Is the disclosure available to the seeker? 4. Given the advances in the information in the case, has the request for missing disclosure become overreaching? 5. Were the orders concerning the disclosure sufficiently clear that the party ordered to provide the information would understand what was being sought? 6. Were the time frames for obtaining the disclosure reasonable? Did the seeker of the disclosure continue to pursue the disclosure and enforce the order? 7. Were the disclosure orders so onerous that a party could not reasonably locate and disclose the volume of material requested? 8. Is there a lesser remedy that would suffice? (Grenier v. Grenier (2012), 26 R.F.L.(7th)69)

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