What is the test for withdrawal of an admission?
Ontario, Canada
The following excerpt is from B.D. v. D.O., 2018 ONSC 1464 (CanLII):
In Hamilton v. Ahmed, [1999] B.C.J. 311, Master Horn summarizes the law as it relates to the withdrawal of an admission. The test is whether there is a triable issue which, in the interests of justice, should be determined on the merits and not disposed of by an admission of fact.
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