What is the test for withdrawing an application to withdraw an admission by a member of the Court of Arbitration for Sport?
British Columbia, Canada
The following excerpt is from Nagra v. Cruz, 2017 BCSC 347 (CanLII):
The factors that should be considered by the court in determining what result is in the interests of justice are: a) whether the admission was made inadvertently, hastily or without knowledge of the facts; b) whether the fact admitted was or was not within the knowledge of the party making the admission; c) where the admission is one of fact, whether it is or may be untrue; d) whether and to what extent the withdrawal of the admission would prejudice a party; and e) whether there has been delay in the application to withdraw the admission and any reason offered for such delay. See Sidhu v. Hothi, 2014 BCCA 510.
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