“In Serra v. Serra, 2009 ONCA 105, 93 O.R. (3d) 161, the Court of Appeal observed that the Rules involving admissions are a “useful practice” purposed “to dispense with proof at trial and to minimize the cost of litigation and the areas of dispute between the parties”, and “[f]or legitimate policy reasons, these objectives are to be encouraged.”: Serra, at para. 109. In Norris v. Norris, 2016 ONSC 7077, a case upon which the wife relies, the wife in that case brought a summary judgment motion after serving a Request to Admit. After noting that “[t]he conduct of litigation requires strategic thinking”, Corthorn J. implicitly endorsed the Serra reference to encouraging these objectives so as “to enable the court to deal with cases justly”, which is the primary objective of the Family Law Rules: Norris, at paras. 66 and 71. Those are set out in Rule 2(3) and include the following:
(a) ensuring that the procedure is fair to all parties;
(b) saving expense and time;
(c) dealing with the case in ways that are appropriate to its importance and complexity; and
(d) giving appropriate court resources to the case while taking account of the need to give resources to other cases.
A fact deemed true may, in certain circumstances, be withdrawn. The scope of the court’s discretion over the deemed admissions to which effect should be given will vary according to the circumstances giving rise to a party’s failure to respond and whether the admission involves fact, mixed fact and law, or a question of law. For example, where the failure to respond is due to satisfactory evidence of inadvertence or a mistake, or where there is a reasonable explanation for the change in a party’s position, a deemed admission may be withdrawn: Forget v. Forget, 2001 CarswellOnt 3271 (Ont. S.C.J.), at para. 17. Where a Request involves minute details of marginal value to the larger issues in the case, a court may refuse to consider the Request or any deemed admissions arising from it: Splett v. Pearo, 2011 ONSC 5329, at paras. 4-9. Serial Requests may amount to an abuse of process, being neither cost effective nor advancing the interests of the case. Admissions involving mixed fact and law, or a question of law are generally of little weight: Serra, at para. 111.
A Request to Admit will be most successful where it is crafted to avoid patently controversial facts or propositions involving law. It can be a useful strategic tool at any stage of a family law proceeding and is entirely consistent with the primary objective of the Family Law Rules. A party who ignores a Request does so at their peril.”