What is the test for a request to admit?

Ontario, Canada


The following excerpt is from Children’s Aid Society of Algoma v. O.(M.), 2001 CanLII 37715 (ON CJ):

[29] A request to admit may list some items that are simply inappropriate. In Montreuil v. Montreuil, supra, the court’s comments elaborated: On February 26, 1999, the wife served on the husband a request to admit. Much of the request to admit was inappropriate. Some of the facts stated involved matters the truth of which the husband would have no way of knowing, such as the accuracy of the wife’s current and proposed expenses. The request to admit contained several lengthy paragraphs each of which included more than one alleged fact. Some of the alleged facts related to unspecified periods of time. Some of the statements were not alleged facts but were really conclusions of law. Some involved analyses or opinions.

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