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Dismissal of an Action/Striking of a Defence on an Interlocutory Motion

While the dismissal of an action/striking of a defence is within the permissible range of the Court’s discretion on an interlocutory motion, it is a well settled principle of law and practice that these sanctions should only be used as a remedy of last resort where no other appropriate option remains (Breslin v. Breslin 2006 CarswellOnt 6372 at para 9).  So while a Court must be careful not to render its Orders meaningless by repeatedly forgiving breaches of its Orders, a Court should only exercise its discretion where it finds a party “has by its failure or refusal to be bound by the rules and orders of the court effectively abandoned its right to participate in the court process or when the breaches have become contumelious such as to demonstrate an utter disregard by the defaulting party for the court’s orders or when the moving party demonstrates prejudice.” (Eloro Resources Ltd. v. Sovereign Capital Group (Ont.) Ltd. 2004 CarswellOnt 544 at para 6).

At Himelfarb Proszanski, we are always on top of the law and ensure that our clients maximize their settlements; this is just part of the Himelfarb Proszanski Advantage™.

 

For assistance with a personal injury and/or insurance claim, please email David Himelfarb at dhimelfarb@himprolaw.com or call 1-855-446-7765, for a free case evaluation.

What Our Clients Say

I’d like to express my gratitude for you taking care of my car accident injury case. Your strong knowledge and experience solved this case smoothly. I don’t know what I would have done without your effort. Thank You, Best Wishes.

Lian Liu, Toronto, ON.