What is the legal test for withdrawing a deemed admission?

British Columbia, Canada


The following excerpt is from Rayman Investments and Management Inc. v. Canada Mortgage and Housing Corporation, 2007 BCSC 384 (CanLII):

In Hamilton v. Ahmed (1999), 38 C.P.C. (4th) 139 (B.C.S.C.), the court set out the principles to consider on an application to withdraw a deemed admission, which are: - whether there is a triable issue which should be determined on the merits; - all of the circumstances including whether the admission was made hastily, inadvertently, or without knowledge of the facts; - whether the fact admitted was within the knowledge of the party making the admissions; - whether the fact is true; - whether the fact is one of mixed fact and law; - whether withdrawal of the admission will prejudice anyone; and - whether there has been delay in making the application.

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