August 14, 2020 – Admissions

“In addition to these weaknesses in the financial disclosure, the applicant’s case is plagued by admissions made in her amended application.  Mr. Zammit argues that the respondent’s denial of such allegations means that they are a “wash” and should not affect this court’s decision.  I disagree.  An admission in a pleading or during questioning is of far greater legal significance then a denial of an allegation. Both the Rules of Civil Procedure, R.R.O, 1990, Reg. 194 and the Family Law Rules, O. Reg. 114/99 as amended, contain rules dealing with admissions.  Both make specific provision for the withdrawal of an admission.  Pursuant to Rule 22(5) of the Family Law Rules, an admission that a fact is true may be withdrawn only with the other party’s consent or with the court’s permission.  This special treatment of admissions in civil proceedings reflects that they are meant to stand as a concession of an important fact or issue unless the test is met for permitting them to be withdrawn, or the opposing party agrees that they will suffer no prejudice by the withdrawal and accordingly consents.”

Vaseloff v. Leo, 2013 ONSC 5270 (CanLII) at 8