June 15 – Striking Pleadings

“The motion judge had the power to strike the appellant’s pleadings due to her repeated refusals to obey court orders: see rule 14(23) of the Family Law Rules, O. Reg. 114/99.  I have every sympathy for the court which had given Ms. Mongrain a number of opportunities to participate, to be heard, and to assist in the proper resolution of this matter.

At the same time, however, courts should use the utmost caution in striking pleadings where children’s interests are involved and it is generally preferable to avoid using that sanction: see, for example, Haunert-Faga v. Faga (2005), 203 O.A.C. 388 (C.A.).  The reason for that admonition is simple – in order to make custody and access decisions in the best interests of the child, the court needs the participation of both parties”

King v. Mongrain, 2009 ONCA 486 at 30-31