Sanctions, Striking Out, Stays and Discontinuance Flashcards
Strike out
- SoC fails to disclose reasonable grounds for bringing or defending the claim
- SoC is an abuse of process
- Failure to comply with rule/PD/court order
Sanction - Service of claim form
Claim defeated
Sanction - DQs CC money
SoC struck out
Sanction - DQs HC specified money
Directions/strike out/CMC listing
Sanction - DQs other
None
Sanction - Costs budgets
Limit costs to court fees
Sanction - Inadequate CMC performance
Wasted costs order
Sanction - Disclosure of document relied upon
Cannot rely upon
Sanction - Disclosure of docs helpful to others
None
Sanction - WS
W may not give oral evidence w/o permission
Sanction - Expert report
May not be used or expert called w/o permission
Sanction - Non-payment of hearing fee
Auto strike out
Sanction - Not ready for trial
Depriving right to raise or contest issue/rely on evidence/disallow costs/refuse adjournment
Sanction - Non-attendance of party
Proceed in absence or strike out
Sanction - Non-attendance of all parties
Strike out proceedings
Applying for sanctions under Part…
23
- On notice
- Evidence filed
- Without delay
Strike out
- Court’s initiative or
- Parties can apply with application notice, WS, and 3 days service before SO hearing
Extension of time conditions before breach
- Is the request reasonable?
- Will the extension imperil the hearing date?
- Does the extension cause prejudice to the other party?
Extension of time conditions before breach by consent
Usually fine so long as only up to 28 days, in writing, does not put hearing date at risk
Discretion to vary or revoke an order
- Material change of circumstances since order made
- Factual basis for original order was misstated
- Manifest mistake by the judge
Relief from sanctions
- Court considers all the circumstances of the case (OO)
Denton and Mitchell 3 stages
- Seriousness and significance of failure to comply
- Good reason for the default/non-compliance
- Evaluate all the circumstances of the case
Stays
- Pending C taking medical exam
- Part 36 offer accepted
- Tomlin order
- C failed to pay D’s costs after discontinuing part of a claim
Discontinuing
- No permission required (except where interim injunction/undertaking in damages/interim payment/multiple Cs)
- Notice of discontinuance filed and served on all parties
- Discontinuing party pays all costs of all parties up to date of service of notice of discontinuance
