Striking Pleadings in Family Litigation for Failure to Comply with Court Orders

A recent decision of the Ontario Court of Appeal emphasizes the grave consequences of failing to comply with court orders in the course of family litigation. Under Rule 1(8) of the Family Law Rules,[1] if a party fails to obey an order, the court may deal with the failure by making any order that it considers necessary for the just determination of the matter, including, in certain circumstances, striking the pleadings, including an Application, Answer, Reply, or any other document filed by the non-compliant party. In Manchanda v. Thethi,[2] the husband had breached court orders requiring him to deposit rental income, which he collected from jointly owned property, into a specified joint ban

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