What are the reservations of the Court of Appeal against any attempt to withdraw an admission on appeal?
Alberta, Canada
The following excerpt is from Dwyer v. 303554 Alberta Ltd., 1996 ABCA 95 (CanLII):
The fourth reservation is about any attempt to extend this rule to the attempted withdrawal of an admission on appeal. While that is not the issue before us, we do emphasize that there are different considerations on appeal. The entire purpose of a trial is to settle matters of fact once for all. Hoysted v. Commissioner of Taxation 1925 CanLII 607 (UK JCPC), [1926] A.C. 155. III
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