Justice Rogers reviewed the criteria set out in Antipas v. Coroneos for withdrawing an admission under the Rules of Civil Procedure. Those criteria are: (i) the proposed amendment raises a triable issue; (ii) the admission was inadvertent or resulted from wrong instructions; and (iii) the withdrawal will not result in prejudice that cannot be compensated for in costs. She considered whether the second criterion is the appropriate one under the Family Law Rules and slightly revised the criteria as follows at paragraph 17: (1) the proposed amendment is on a triable issue. (2) the admission was a mistake and the party offers a reasonable explanation for the change of position. (3) any prejudice caused by the withdrawal can be cured or compensated for in costs.
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