November 10, 2017
The Manitoba Court of Appeal Holds that a Court Does Not Need to Provide Warning Before Striking a Statement of Claim
Hanson v. Hildi Warkentin Tax Ltd et al
Court of Appeal
(2017), 2017 MBCA 99, 2017 CarswellMan 472, Christopher J. Mainella J.A., Holly C. Beard J.A., Jennifer A. Pfuetzner J.A. (Man. C.A.) [Manitoba]
Pleadings -- Statement of claim -- Striking out for absence of reasonable cause of action -- Miscellaneous Employee started action against employer, for injuries she claimed she suffered on employer's premises -- During pre-trial proceedings, case conference judge imposed specific time limits on employee to provide disclosure -- Compliance was either lacking or incomplete -- Trial date had to be adjourned due to employee's non-compliance -- Employer successfully brought application for order to strike out claim -- Employee appealed against order to strike claim, claiming she should have been warned before pleadings struck -- Appeal dismissed -- Judge did not err when she struck out pleadings as per rule 20A(52) of Court of Queen's Bench Rules -- It was inappropriate to require warning before striking pleading -- Employee failed to comply with many directions and orders and failed to provide reasonable excuse for-non-compliance -- Unnecessary and unexplained delays would not be tolerated.
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