Sanctions, Striking Out, Stays and Discontinuance

Question 1

Strike out

Answer 1

• 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

Question 2

Sanction - Service of claim form

Answer 2

Claim defeated

Question 3

Sanction - DQs CC money

Answer 3

SoC struck out

Question 4

Sanction - DQs HC specified money

Answer 4

Directions/strike out/CMC listing

Question 5

Sanction - DQs other

Answer 5

None

Question 6

Sanction - Costs budgets

Answer 6

Limit costs to court fees

Question 7

Sanction - Inadequate CMC performance

Answer 7

Wasted costs order

Question 8

Sanction - Disclosure of document relied upon

Answer 8

Cannot rely upon

Question 9

Sanction - Disclosure of docs helpful to others

Answer 9

None

Question 10

Sanction - WS

Answer 10

W may not give oral evidence w/o permission

Question 11

Sanction - Expert report

Answer 11

May not be used or expert called w/o permission

Question 12

Sanction - Non-payment of hearing fee

Answer 12

Auto strike out

Question 13

Sanction - Not ready for trial

Answer 13

Depriving right to raise or contest issue/rely on evidence/disallow costs/refuse adjournment

Question 14

Sanction - Non-attendance of party

Answer 14

Proceed in absence or strike out

Question 15

Sanction - Non-attendance of all parties

Answer 15

Strike out proceedings

Question 16

Applying for sanctions under Part…

Answer 16

23

• On notice
• Evidence filed
• Without delay

Question 17

Strike out

Answer 17

• Court’s initiative or

- Parties can apply with application notice, WS, and 3 days service before SO hearing

Question 18

Extension of time conditions before breach

Answer 18

• Is the request reasonable?
• Will the extension imperil the hearing date?
• Does the extension cause prejudice to the other party?

Question 19

Extension of time conditions before breach by consent

Answer 19

Usually fine so long as only up to 28 days, in writing, does not put hearing date at risk

Question 20

Discretion to vary or revoke an order

Answer 20

• Material change of circumstances since order made
• Factual basis for original order was misstated
• Manifest mistake by the judge

Question 21

Relief from sanctions

Answer 21

• Court considers all the circumstances of the case (OO)

Question 22

Denton and Mitchell 3 stages

Answer 22

• Seriousness and significance of failure to comply
• Good reason for the default/non-compliance
• Evaluate all the circumstances of the case

Question 23

Stays

Answer 23

• Pending C taking medical exam
• Part 36 offer accepted
• Tomlin order
• C failed to pay D’s costs after discontinuing part of a claim

Question 24

Discontinuing

Answer 24

• 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