Can a plaintiff withdraw an affirmative and clear, affirmative admission that no income losses result from two motor vehicle accidents?

British Columbia, Canada


The following excerpt is from Advantage Helicopters Inc. v. Heliponents, Inc., 2012 BCSC 1938 (CanLII):

The defendant says there is no case authority for permitting the withdrawal of clear, affirmative admissions. It is true that most reported cases to which I was referred involve the withdrawal of deemed admissions or admissions inadvertently made in pleadings. The defendant relies on Davie v. Wilson, 2007 BCSC 1876, where Mr. Justice Edwards refused to permit a plaintiff to withdraw an admission made five years prior to the application that no income losses had resulted from two of his eight motor vehicle accidents.

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