Monday, November 30, 2015

Brevity of reasons not problematic if record supports decision

Roffey v. Hunter Corporation, 2015 ONCA 824:

 [8] The brevity of the motion judge’s reasons does not cause us any concern. A failure to specifically refer to the factors to be considered in striking a pleading may be excused if the record supports the decision: Diamond Auto Collision Inc. v. Economical Insurance Group, 2007 ONCA 487. Here, the order to strike the defence was an obvious result, given all the circumstances. The appellants’ answers to undertakings were long overdue and breached multiple court orders.

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