Can a statement in a Statement of Claim be an admission?

Ontario, Canada


The following excerpt is from Austin v. Overs, 2006 CanLII 19428 (ON SC):

There is, however, some support in the authorities for the proposition that a statement in a Statement of Claim cannot be an admission until the Defendant has pleaded to the allegations in the Statement of Claim. (see 521362 Ontario Limited v. Stribopoulos (1997) O.J. No. 359). The reference in that case would appear to me to be to an inadvertent or inconsequential admission and does not negate the reference in Rule 51.05 that a pleading may contain an admission which may only be withdrawn on consent or with leave of the court. 13. Does paragraph 28 of the Claim, being an amendment to paragraph 27 of the original Statement of Claim, constitute the withdrawal of an admission?

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