Thursday, September 16, 2010

Motions to strike ought not, in general, to be heard ex parte

Tiwana v. Sandhu, 2010 ONCA 592 released today, has a useful comment about moving to strike ex parte:

[5]               The motion under appeal was heard ex parte. We do not endorse the practice whereby an order is made that strikes a party's pleading on an ex parte basis where the party purports to comply with the disclosure order. Such order should, in those circumstances, be on notice to the affected party in order that he or she may be given the opportunity, if able, to explain or assert compliance with a disclosure order.

No comments: