Is prejudice to a party’s rights in prosecuting the action?
Ontario, Canada
The following excerpt is from Martin v. The City of Mississauga, 2018 ONSC 3990 (CanLII):
The prejudice referred to under Rule 26.01 is prejudice to a party’s rights in prosecuting the action (Godoy v. 475920 Ontario Ltd. (2007), 52 C.P.C. (6th) 149).
The Plaintiff submits that since the proposed amendments constitute a withdrawal of admissions, Rule 51.05 supersedes Rule 26.01 (Antipas v. Coroneos, [1988] O.J. No. 137). Rule 51.05 states: “An admission made in response to a request to admit, a deemed admission under rule 51.03 or an admission in a pleading may be withdrawn on consent or with leave of the court.”
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