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Digest of the Week | Application to strike - Discretion of court

DLE Consulting Inc. v. Graham

(2016), 2016 ONCA 315, 2016 CarswellOnt 6727, David Brown J.A., John Laskin J.A., S.E. Pepall J.A. (Ont. C.A.) [Ontario]

Ontario Court of Appeal

Pleadings -- Application to strike -- Discretion of court

Practice Motion judge struck defendants’ statement of defence and counterclaim for failure to produce affidavit of documents -- Defendants took position that motion judge had no jurisdiction to make order because it was made under R. 76 of Rules of Civil Procedure, even though defendants had continued litigation under ordinary procedure -- Defendants appealed -- Appeal dismissed -- Motion judge's order did not refer to R. 76 of Rules -- Even if order was made under R. 76 of Rules and should have been made under ordinary procedure, this was at best technical irregularity, which did not deprive motion judge of jurisdiction to strike defendants' pleading -- Motion judge's order was discretionary, and she exercised her discretion reasonably.
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