Disclosure and orders striking pleadings: There should be a better way | Gary Joseph

By Gary Joseph (October 3, 2023, 2:44 PM EDT) -- The Court of Appeal has weighed in again on the issue of pleadings being struck out for breach of disclosure orders. There is nothing surprising in the decision of the court in Aslezova v. Khanine, 2023 ONCA 153 other than an appeal was brought given the current state of the jurisprudence on this issue. I say this with no disrespect meant to counsel for the appellant. Truth be told, I have brought many such appeals, almost all (not all) with the same result. Thus, the pleadings are struck, and some form of undefended trial will proceed....
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