What is the test for withdrawing a judicial admission?
Alberta, Canada
The following excerpt is from Western Mack Truck (Edmonton) Ltd. v. Heikel, 1976 CanLII 266 (AB QB):
In Oostendorp v. Sarai, 1973 CanLII 1095 (BC SC), [1973] 6 W.W.R. 92, 42 D.L.R. (3d) 158 (B.C.), Hutcheon L.J.S.C. stated [p. 93]: “As I understand the authorities a judicial admission of this nature should be allowed to be withdrawn if there is no prejudice to the other party which cannot be compensated in costs, or if the court is satisfied that the admission was made inadvertently and was one that ought not to have been made.”
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