What is the test for a motion to withdraw and admit a party to an insurance claim?
Ontario, Canada
The following excerpt is from Seal Tech Basement Sealing Inc. v Prychitko, 2014 ONSC 6038 (CanLII):
The issue on this motion is whether the deemed admissions were inadvertent. The test for leave to withdraw and admission is not simply to have the party in default, or its lawyer, say the default occurred because of inadvertence. If that is all that is required, then the time limits mean nothing. There must be some explanation as to what went procedurally awry in the solicitor’s office that resulted in the failure to respond: Falco v. P.V. & V. Insurance Centre, [2007] I.L.R. I-4639 (S.C.), at para. 19.
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