Is a request to admit procedure inappropriate?

Ontario, Canada


The following excerpt is from Letts v. Aviva Canada Inc., 2010 ONSC 6999 (CanLII):

Turning to the relief sought in the supplementary notice of motion, the insurer seeks relief against the plaintiff’s request to admit. In my view, the use of the request to admit procedure in the manner employed by the insureds in the context of this litigation and for the purposes contemplated by the plaintiffs is inappropriate. I agree with the comments of Rogers, J. in Milani v. Milani 2005 Carswell Ont. 695 where he says that “the decision of one litigant to spend inordinate amounts of time on the request to admit process should not obligate the other litigants to do so as well....the court must not allow a process that was intended to expedite the gathering of facts and to keep costs down to become a weapon in the hands of the litigant.” Accordingly, the request to admit dated October 29, 2010 is struck out without leave to amend.

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