“This court’s decision in Abu-Saud v. Abu-Saud, 2020 ONCA 824, reaffirmed that an audience will not be granted to a party who is in default of court orders: see also Dickie v. Dickie, 2007 SCC 8, [2007] 1 S.C.R. 346, at para. 6.
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The Family Law Rules, O Reg 114/99, provide that the court may deal with a party’s failure to follow the rules, including a failure to make proper disclosure, by striking out any or all documents filed by that party. This consequence stems from the need to sanction and deter non-disclosure of assets, which has been described as the “cancer of family law”: Leskun v. Leskun, 2006 SCC 25, [2006] 1 S.C.R. 920, at para. 4, citing Cunha v. Cunha (1994), 1994 CanLII 3195 (BC SC), 99 B.C.L.R. 93 (S.C.).
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Rule 1(8.4) of the Family Law Rules, which establishes the consequences of striking out documents, does not automatically exclude the defaulting party from the proceeding. Instead, it intentionally removes the party’s entitlement to notice and participation. The court may nevertheless permit participation by the defaulting party, to the extent it will assist the court.”
Manchanda v. Thethi, 2021 ONCA 127 (CanLII) at 4, 6 & 10