The court may decide there has been a failure of compliance when which conditions apply?

• A. not provided sufficient information to enable the objectives
• B. not acted within a time limit or reasonable period
• C. unreasonably refused to use ADR or failed to respond
• D. All of the above

Answer: (D)

The court’s power to sanction non-compliance rests on the idea that parties must follow procedural steps and engage in early steps to move a case forward. If a party fails to provide enough information to allow the objectives of the pre-action or court process to be understood and pursued, that blocks the other side and the court from properly assessing the issues. If a party does not act within the time limit set by rules or within a reasonable period, that delays the process and undermines the timetable the court relies on. If a party unreasonably refuses to use alternative dispute resolution (ADR) or fails to respond, that undermines efforts to settle without a lengthy trial.

Because each of these situations indicates a failure to comply with the required procedural standards, the court may decide there has been a failure of compliance in all of these scenarios. Thus, all of the above is the correct understanding.