Farmers Edge Inc v Precision Weather Solutions Inc

canada, canadian, case law, court opinion, canlii, mbca, 2026mbca63, 2026 mbca 63 (canlii), 2026, mbca, 63, (canlii), ai25-30-10300, 2026, procedure, case management, striking pleadings, disclosure obligations, whether motion judge committed reviewable error in striking intellectual property counterclaim, persistent non, compliance through discoveries, undertakings and interrogatories, despite court orders, deference on discretionary decision absent legal or palpable and overriding error, appeal dismissed, procedure, disclosure, production and responses, two court orders, whether principles from cobbe’s plumbing & heating ltd v westfair properties ltd and falcon lumber limited v 2480375 ontario inc were misapplied, threshold for striking claim and “day in court” considerations, non, compliance found material and extensive, appeal dismissed, procedure, trial management, adjournment, remedies for non, compliance, whether motion judge failed to consider less draconian remedies such as an adjournment of the trial, no formal motion to adjourn by either party, outstanding responses, expert reports and quantification said to leave insufficient time to respond, appeal dismissed, procedure, fair trial, prejudice, litigation and non, litigation prejudice, whether motion judge erred in finding actual and inherent prejudice from non, disclosure, imminent trial dates and inability to defend serious allegations relied on, conduct found closer to deliberate than inadvertent, without reasonable explanation, appeal dismissed