Is Rule 31 of the Rules of Court applicable to a notice to admit proceeding?
British Columbia, Canada
The following excerpt is from Jones v McLeod, 2017 BCSC 1478 (CanLII):
These, of course, are proceedings by petition. In The Owners, Strata Plan No. 1086 v. Coulter et al, 2005 BCSC 146, Mr. Justice Wilson dealt with an application by the petitioner for an order that the notice to admit procedure, then governed by Rule 31 of the former Rules of Court, applied to petition proceedings. At para. 20, he referred to the petitioner’s argument that Rule 31 ought to be applicable to originating proceedings. Mr. Justice Wilson went on to reject that argument, noting that a response is not equivalent or the same as a statement of defence, an answer or a counter-petition.
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