February 1, 2021 – Withdrawing An Admission

“An admission shall be not withdrawn without the consent of the other party or permission from the court: Rule 22(5) Family Law Rules, O. Reg. 114/99. An admission is a concession of an important fact and is meant to stand unless the test for withdrawing it is met 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 para. 8. A court may permit the withdrawal of an admission when it determines that it is in the interest of justice to do so: Serra v. Serra, 2009 ONCA 105 (CanLII), 93 O.R. (3d) 161.”

Nobrega v. MacLennan, 2019 ONSC 820 (CanLII) at 11