What is the test for withdrawing an admission?

The pending application is to withdraw an admission. Dwyer v. Fox, supra, sets out four factors to be considered: (a) whether there is a triable issue as to the accuracy of the admission, and whether a trial is the only satisfactory means to settle the issue. (b) whether there will be substantial prejudice to the other party that cannot be compensated for by costs. (c) whether the party seeking to withdraw the admission acted promptly, or can explain any delay. (d) whether the admission was deliberate or inadvertent. Where a party indicates that an admission was made in error, and the error was the doing of counsel, then in my view privilege is lost over all communications relevant to any of the parts of this test. Therefore, communications as to “how the mistake was made” are relevant, as they go to whether the mistake was advertent or inadvertent. Communications over “who is a shareholder” are relevant as they go to show whether there was a mistake and whether there is a triable issue.