What is the legal test for the withdrawal of an admission?

Counsel for the defendants refers to Hamilton v. Ahmed [1999] B.C.J. No. 311, for the test for the withdrawal of an admission. The court should consider whether there is a triable issue which, in the interests of justice, should be resolved on the merits and not disposed of by admission. Relevant considerations include: • 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 admission; • whether the fact admitted is not true; • whether the fact admitted is one of mixed fact and law; • whether withdrawal of the admission would not prejudice a party; and • whether there has been delay in applying to withdraw the admission. Triable issue