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.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.