Civil Litigation - Striking Pleadings - Standard of Appellate Review
. Peerenboom v. Peerenboom
In Peerenboom v. Peerenboom (Ont CA, 2020) the Court of Appeal considered an issue of striking pleadings:
[47] A decision to strike pleadings and to deny participation at trial is entitled to deference if exercised on proper principles and in the absence of a material misapprehension of the evidence: Purcaru v. Purcaru, 2010 ONCA 92, 75 R.F.L. (6th) 33, at paras. 49-50; Chiaramonte v. Chiaramonte, 2013 ONCA 641, 370 D.L.R. (4th) 328, at para. 33. Robert has failed to demonstrate any such error here.
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