Rules of Civil Procedure Tag Archives

Neary v. Aviva Insurance Company of Canada, 2024 ONSC 2510 (CanLII)

This decision illuminates several considerations for lawyers regarding the strategic use of Requests to Admit (RTA). Firstly, the court indicates that RTAs should be employed judiciously, adding significant value to the case without being overly repetitive and should aim to clarify the issues at dispute throughout the various stages of the litigation. Secondly, the court notes that if response deadlines for RTAs are missed, one must successfully plead inadvertence to withdraw the admission, according to Rule 51.05 . The court also reaffirms the criteria for withdrawing admissions under this rule.