In this Part, other than rule 17.5:the admitting party means a party who is admitting, or being asked to admit, any matter.
the requesting party means a party in whose favour another party is admitting, or being asked to admit, any matter.
17.2 Voluntary admissions of fact
(cf SCR Part 18, rule 1; DCR Part 15, rule 1; LCR Part 14, rule 1)
(1) The admitting party may, by a notice served on the requesting party, admit, in favour of the requesting party only and for the purposes of the proceedings only, the facts specified in the notice.(2) The admitting party may, with the leave of the court, withdraw any such admission.
(cf SCR Part 18, rule 2; DCR Part 15, rule 2; LCR Part 14, rule 2)
(1) The requesting party may, by a notice served on the admitting party (the requesting party’s notice), require the admitting party to admit, for the purposes of the proceedings only, the facts specified in the notice.(2) If, as to any fact specified in the requesting party’s notice, the admitting party does not, within 14 days after service on the admitting party of the requesting party’s notice, serve on the requesting party a notice disputing that fact, that fact is, for the purposes of the proceedings only, taken to have been admitted by the admitting party in favour of the requesting party only.(3) The admitting party may, with the leave of the court, withdraw any such admission.
17.4 Notice to admit documents
(cf SCR Part 18, rule 5; DCR Part 15, rule 5; LCR Part 14, rule 3)
(1) The requesting party may, by a notice served on the admitting party (the requesting party’s notice), require the admitting party to admit the authenticity of the documents specified in the notice.(2) If, as to any document specified in the requesting party’s notice, the admitting party does not, within 14 days after service on the admitting party of the requesting party’s notice, serve on the requesting party a notice disputing the authenticity of that document, the authenticity of that document is, for the purposes of the proceedings only, taken to have been admitted by the admitting party in favour of the requesting party only.(3) The admitting party may, with the leave of the court, withdraw any such admission.
17.5 Admission of documents discovered
(cf SCR Part 18, rule 4; DCR Part 15, rule 4)
(1) In this rule:admitting party means the party on whom a list of documents is served under rule 21.3.
requesting party means the party by whom a list of documents is served under rule 21.3.
(2) If a requesting party allows inspection of any documents referred to in a list of documents under rule 21.5, the admitting party is taken to have made the following admissions in favour of the requesting party, unless the court orders otherwise:(a) in respect of each document described in the list as an original document, that the document is an original document and was printed, written, signed or executed as it purports to have been,(b) in respect of each document described in the list as a copy of an original document, that the document is a true copy.(3) Subrule (2) does not apply to a document referred to in the list of documents if the admitting party:(a) has, by his or her pleading, denied the authenticity of the document, or(b) has served on the requesting party, within 14 days after the time limited under rule 21.5 for inspection of a document, a notice to the effect that the admitting party disputes the authenticity of the document.(4) The admitting party and the requesting party are taken to be in the same position as they would have been in had the admitting party, on the date of service of the list of documents, served on the requesting party a notice requiring production at the trial of such of the documents specified in the list as are in the possession of the requesting party.
17.6 Restricted effect of admission
(cf SCR Part 18, rule 6; DCR Part 15, rule 6; LCR Part 14, rule 6)
An admission made under this Part in connection with any proceedings:(a) may not be used in those proceedings except in favour of the party in whose favour it was made, and(b) is taken to have been made for the purposes of those proceedings only.
(cf SCR Part 18, rule 3; DCR Part 15, rule 3; LCR Part 14, rule 5)
(1) If admissions are made by a party, whether by his or her pleadings or otherwise, the court may, on the application of any other party, give any judgment or make any order to which the other party is entitled on the admissions.(2) The court may exercise its powers under this rule even if the other questions in the proceedings have not been determined.