STRIKING OUT AMENDED PLEADINGS, EXTENSIONS OF TIME AND THE ISSUE OF THE “IMPLIED SANCTION”: COURT OF APPEAL DECISION

For some time now the courts have been grappling with the notion of the "implied sanction" in relation to rules and orders. Some rules are subject to "implied sanctions" so that a failure to comply means that a party has to make an application for relief. Some rules specify time period for complianc...