CIVIL PROCEDURE - Appeals - Clearly wrong or palpable and overriding error

Law360 Canada ( February 2, 2024, 6:19 PM EST) -- Appeal by the Appellant of the order of Associate Justice Robinson striking his statement of defence. The Respondent plaintiffs brought an action for fraud against the Appellant. The Respondents had a strong prima facie case and was issued a Mareva injunction restraining the Appellant from dissipating assets acquired or financed with funds or property, directly or indirectly, from the Respondents (Mareva Order). The Mareva Order was extended, and an Anton Pillar order was issued for production of documents. The Appellant's motion to set aside the Mareva Order and Anton Pillar orders was dismissed and he was ordered to pay $100,000 in costs of his unsuccessful motion (Costs Order). The Respondents brought a motion to strike the Appellant's statement of defence based on his failure to pay the Costs Order. The Associate Judge granted the Respondents' motion to strike the Appellant’s statement of defence. The Associate Judge found the Appellant failed to provide financial transparency in response to the motion or the Mareva Order. The Associate Judge held the Appellant's refusal to pay the Costs Order was consistent with the Appellant's pattern of breaching court orders and evading his disclosure obligations. The Appellant submitted the orders against him for family and child support precluded him from paying the Costs Order because by law, the family law orders took precedence....