LOLG Successful in Dismissing Action and Striking Defence Following Breaches of Document Production Orders
Overview
On February 11, 2025, Andrew Winton and Philip Underwood were successful on a motion to dismiss an action and strike a defence after the responding party failed to comply with court orders, including a peremptory order, to produce relevant documents. The court found that the responding party had “ragged the puck” with respect to his disclosure obligations and that appellate case law supported the dismissal of a claim and striking of a defence as an appropriate and proportionate remedy in the circumstances. The decision can be found here.
People
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A highly persuasive advocate, Andrew provides practical and strategic guidance to help clients achieve the best possible results.
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Phil recognizes the underlying interests in any dispute and focuses on providing solutions that create value and maintain important relationships for his clients.
