Striking pleadings

Rule 60.12 provides that a court may strike a defence or dismiss a proceeding if there is a failure to comply with an interlocutory order.
The onus to show the pleading should be struck or dismissed lies with the moving party.

"It is not for the appellant [here a party who had a defence that was struck] to demonstrate he had a good defence on the merits or to show why his defence should not be struck": Bell ExpressVu v Torroni (2009), 94 OR (3d) 614 para 34
James Morton
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Toronto, Ontario
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