The defendant's application to strike out the plaintiff's statement of claim and defence to cross-claim under UCPR 14.28 was dismissed with costs. An applicant seeking to strike out pleadings or dismiss proceedings on the basis that the opposing party destroyed relevant documents through criminal conduct must establish a clear connection between the criminal conduct, the destruction of identified documents, and the forensic prejudice suffered. Vague descriptions of stolen documents and unresolved criminal convictions subject to appeal are insufficient to ground such relief. The court confirmed that striking out pleadings or dismissing proceedings at an interlocutory stage should only be contemplated in the clearest of cases.
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