BC Supreme Court Rules Update: Withdrawing an Admission of Fault

Reasons for judgement were released today considering when a Defendant can withdraw an admission of fault in a personal injury lawsuit.
In today’s case (Surerus v Leroux) the Plaintiff was injured when he was struck by a vehicle operated by the Defendant.  He sued for damages and alleged the crash was the Defendant’s fault for a variety of reasons including that the Defendant drove a vehicle with defective brakes.  ICBC, the insurer for the Defendant, instructed the defence lawyer to admit fault.
In the course of the lawsuit the Defendant wished to withdraw the admission of fault.  The Defendant brought a motion asking the Court’s permission to do so.  Master Shaw dismissed the motion finding that the request was brought too late in the course of lawsuit.
The Court applied Rule 7-7(5) of the New BC Supreme Court Civil Rules (the rule dealing with withdrawing admissions).  This is the first case I’m aware of applying this rule however it’s worth noting that the rule’s language is almost identical to the old rule 31(5)(c) and the Court relies on precedents established under the old rule as being authoritative.  In dismissing the motion Master Shaw made the following comments:

[3]             Rule 7-7(5) reads as follows:

Withdrawal of admission

(5)  A party is not entitled to withdraw

(a) an admission made in response to a notice to admit,

(b) a deemed admission under subrule (2), or

(c) an admission made in a pleading, petition or response to petition

except by consent or with leave of the court.  …

[17]         This is not a case where the plaintiff’s pleadings set out a variety of allegations of possible negligence. The plaintiff made a specific allegation in his pleadings of poor mechanical condition and faulty brakes.

[18]         The defence says that there is an issue to be tried, and states that the defendant’s evidence will be that he had no prior knowledge of the brake issue before the accident.

[19]         In 374787 B.C. Ltd. v. Great West Management Corp., 2007 BCSC 582, Madam Justice Martinson states at para. 27:

27        As a general rule the Court must consider whether in the circumstances of the case the interests of justice justify the withdrawal of the admission. The following factors, which are not exhaustive are relevant: delay, loss of a trial date, a party is responsible for an erroneous admission, inadvertence in the making of the admission and estoppel. See Meisenholder v. Wikdahl, 2005 BCSC 630 and Hamilton v. Ahmed. A deemed admission can be withdrawn even where the failure to reply was deliberate: Linear S.R.L. c. CCC – Canadian Communications Consortium Inc. 2001 BCSC 682.

[20]         I am satisfied that the interests of justice do not justify the withdrawal of the deemed admission.

[21]         I have reviewed the factors set out by Madam Justice Martinson in 374787 B.C. Ltd. and affirmed by the Court of Appeal. This claim was filed October 6, 2008. It is almost four years since the date of the accident. There is a trial date scheduled for April 11, 2011. Discoveries have been conducted. The notice of motion was not filed until May 28, 2010, although the defence notified the plaintiff in September of 2009 that they were attempting to withdraw their admission of liability. I find that the delay of the defendant bringing this application, from the time of the accident to now, is a concern which cannot be overcome.

[22]         The trial date scheduled for April 11, 2011, is not imminent and, therefore, not necessarily at risk for losing the date.

[23]         There was no evidence put before this court with respect to the status of the vehicle. It is unknown if it is even available for inspection. The plaintiff specifically pleads in the statement of claim the condition of the brakes. That should have alerted the adjuster and defence. Even if the admission was inadvertent, there appears to be an element of simply not paying attention to the pleadings.

[24]         Withdrawing the admission at this late date would be prejudicial to the plaintiff. The plaintiff has acted to his detriment by relying on the admission.

[25]         I find that the interests of justice would not be served by allowing the withdrawal of the admission at this date.

[26]         In the result, I dismiss the application of the defendant. Costs will go to the plaintiff in any event of the cause.

Admissions, bc injury law, Leroux, Master Shaw, Rule 7-7(5), Surerus v, Withdrawing Admissions

Comments (116)

  • I just want to tell you that I am beginner to blogging and site-building and certainly savored you’re web-site. More than likely I’m going to bookmark your website . You definitely have awesome writings. Many thanks for revealing your website.

  • I just want to mention I am newbie to weblog and definitely loved your page. More than likely I’m likely to bookmark your blog post . You amazingly have outstanding well written articles. Appreciate it for sharing with us your web site.

  • I like what you guys are usually up too. Such clever work and coverage! Keep up the fantastic works guys I’ve incorporated you guys to my blogroll.

  • Hello, I think your blog might be having browser compatibility issues. When I look at your website in Chrome, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, very good blog!

  • Also a thing to mention is that an online business administration diploma is designed for individuals to be able to smoothly proceed to bachelor degree courses. The 90 credit diploma meets the lower bachelor diploma requirements when you earn your associate of arts in BA online, you may have access to the latest technologies on this field. Several reasons why students have to get their associate degree in business is because they may be interested in the field and want to find the general education and learning necessary before jumping into a bachelor diploma program. Thanks for the tips you really provide as part of your blog.

  • What i do not realize is actually how you’re no longer really a lot more smartly-liked than you might be now. You’re so intelligent. You already know thus significantly with regards to this topic, made me personally consider it from a lot of various angles. Its like men and women don’t seem to be fascinated except it¡¦s one thing to do with Girl gaga! Your personal stuffs great. Always maintain it up!

  • What i do not understood is actually how you are no longer actually a lot more neatly-favored than you might be right now. You are so intelligent. You know therefore significantly in terms of this topic, produced me in my view imagine it from a lot of numerous angles. Its like women and men are not involved except it’s one thing to accomplish with Lady gaga! Your personal stuffs excellent. At all times care for it up!

  • I’ve been browsing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all website owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • I was very happy to find this internet-site.I wished to thanks for your time for this excellent read!! I undoubtedly enjoying each little bit of it and I have you bookmarked to check out new stuff you weblog post.

  • Thanks for the auspicious writeup. It in reality used to be a amusement account it. Glance advanced to more delivered agreeable from you! However, how can we keep up a correspondence?

  • Youre so cool! I dont suppose Ive read something like this before. So good to seek out anyone with some original ideas on this subject. realy thank you for beginning this up. this web site is one thing that is needed on the web, somebody with somewhat originality. helpful job for bringing one thing new to the web!

  • After study a number of of the weblog posts on your web site now, and I really like your manner of blogging. I bookmarked it to my bookmark website record and will be checking again soon. Pls check out my web site as nicely and let me know what you think.

  • I’m not sure where you are getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for magnificent info I was looking for this information for my mission.

  • Hello there! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog post or vice-versa? My website addresses a lot of the same topics as yours and I feel we could greatly benefit from each other. If you happen to be interested feel free to send me an e-mail. I look forward to hearing from you! Superb blog by the way!

  • I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. Personally, if all webmasters and bloggers made good content as you did, the net will be a lot more useful than ever before.

  • Thank you, I have just been looking for information about this topic for a while and yours is the greatest I have found out till now. But, what concerning the bottom line? Are you sure about the supply?

  • My coder is trying to convince me to move to .net from PHP. I have always disliked the idea because of the expenses. But he’s tryiong none the less. I’ve been using Movable-type on numerous websites for about a year and am nervous about switching to another platform. I have heard good things about blogengine.net. Is there a way I can import all my wordpress content into it? Any help would be greatly appreciated!

  • This is very interesting, You’re a very skilled blogger. I have joined your feed and look forward to seeking more of your great post. Also, I have shared your website in my social networks!

  • Hello, i think that i saw you visited my weblog thus i came to “return the favor”.I am trying to find things to enhance my web site!I suppose its ok to use a few of your ideas!!

  • hey there and thank you for your info – I’ve definitely picked up something new from right here. I did however expertise some technical points using this site, as I experienced to reload the website a lot of times previous to I could get it to load properly. I had been wondering if your web hosting is OK? Not that I am complaining, but slow loading instances times will often affect your placement in google and can damage your quality score if ads and marketing with Adwords. Anyway I’m adding this RSS to my email and can look out for a lot more of your respective intriguing content. Make sure you update this again very soon..

  • Nice weblog right here! Also your web site lots up very fast! What host are you the use of? Can I get your affiliate hyperlink in your host? I wish my site loaded up as quickly as yours lol

  • Hello there! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog article or vice-versa? My blog addresses a lot of the same subjects as yours and I believe we could greatly benefit from each other. If you happen to be interested feel free to shoot me an email. I look forward to hearing from you! Wonderful blog by the way!

  • What’s Happening i’m new to this, I stumbled upon this I’ve found It absolutely helpful and it has aided me out loads. I hope to contribute & aid other users like its aided me. Great job.

  • I will immediately grasp your rss as I can’t in finding your e-mail subscription link or e-newsletter service. Do you’ve any? Kindly allow me realize in order that I could subscribe. Thanks.

  • magnificent points altogether, you just received a brand new reader. What would you suggest in regards to your publish that you made some days in the past? Any certain?

  • I like the helpful information you provide on your articles. I will bookmark your blog and test once more right here regularly. I am quite sure I will be informed many new stuff right here! Best of luck for the next!

  • An impressive share, I just given this onto a colleague who was doing a bit evaluation on this. And he the truth is purchased me breakfast because I discovered it for him.. smile. So let me reword that: Thnx for the treat! However yeah Thnkx for spending the time to debate this, I really feel strongly about it and love reading extra on this topic. If doable, as you grow to be experience, would you thoughts updating your weblog with more details? It’s extremely useful for me. Massive thumb up for this weblog publish!

  • I have been surfing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. Personally, if all site owners and bloggers made good content as you did, the net will be much more useful than ever before.

  • Very couple of web sites that transpire to become comprehensive beneath, from our point of view are undoubtedly properly really worth checking out.

  • It’s a shame you don’t have a donate button! I’d definitely donate to this outstanding blog! I suppose for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to fresh updates and will share this website with my Facebook group. Talk soon!

  • Hi there, You have done a fantastic job. I’ll certainly digg it and personally suggest to my friends. I’m confident they’ll be benefited from this web site.

  • magnificent post, very informative. I wonder why the other experts of this sector don’t understand this. You should proceed your writing. I’m sure, you’ve a huge readers’ base already!

  • I haven’t checked in here for some time since I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my daily bloglist. You deserve it my friend 🙂

  • Wonderful story, reckoned we could combine several unrelated data, nevertheless genuinely really worth taking a appear, whoa did one find out about Mid East has got more problerms at the same time

  • Does your blog have a contact page? I’m having trouble locating it but, I’d like to send you an e-mail. I’ve got some ideas for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it expand over time.

  • You could definitely see your enthusiasm in the work you write. The sector hopes for more passionate writers such as you who aren’t afraid to mention how they believe. All the time go after your heart. “Until you’ve lost your reputation, you never realize what a burden it was.” by Margaret Mitchell.

  • Does your site have a contact page? I’m having problems locating it but, I’d like to send you an email. I’ve got some recommendations for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it develop over time.

  • I’m not sure where you are getting your information, but good topic. I needs to spend some time learning more or understanding more. Thanks for excellent info I was looking for this info for my mission.

  • My spouse and i were really excited that Peter could carry out his studies from your precious recommendations he had in your blog. It is now and again perplexing to simply always be making a gift of tips and tricks which people may have been selling. Therefore we fully grasp we need you to appreciate for that. These explanations you’ve made, the easy blog menu, the relationships you make it easier to promote – it’s all overwhelming, and it’s facilitating our son in addition to us consider that this issue is amusing, which is certainly unbelievably essential. Thank you for the whole lot!

  • Hi there! Someone in my Myspace group shared this site with us so I came to look it over. I’m definitely loving the information. I’m bookmarking and will be tweeting this to my followers! Excellent blog and fantastic design.

  • Wonderful story, reckoned we could combine some unrelated data, nonetheless definitely worth taking a look, whoa did one particular find out about Mid East has got a lot more problerms at the same time

  • Hello there I am so delighted I found your site, I really found you by mistake, while I was researching on Digg for something else, Anyhow I am here now and would just like to say thanks for a tremendous post and a all round thrilling blog (I also love the theme/design), I don’t have time to read it all at the minute but I have saved it and also included your RSS feeds, so when I have time I will be back to read a great deal more, Please do keep up the awesome work.

  • I’m not sure where you are getting your information, but great topic. I needs to spend some time learning more or understanding more. Thanks for great information I was looking for this info for my mission.

  • Thanks for another informative website. The place else may just I am getting that type of information written in such an ideal means? I have a undertaking that I am just now working on, and I’ve been at the look out for such info.

  • Wow! This blog looks just like my old one! It’s on a completely different subject but it has pretty much the same page layout and design. Superb choice of colors!

  • I figured out more something totally new on this fat reduction issue. One issue is that good nutrition is especially vital any time dieting. A tremendous reduction in fast foods, sugary foodstuff, fried foods, sweet foods, beef, and whitened flour products might be necessary. Holding wastes harmful bacteria, and contaminants may prevent targets for fat-loss. While selected drugs temporarily solve the issue, the bad side effects are not worth it, and so they never offer you more than a short lived solution. This is a known fact that 95 of fad diets fail. Thank you for sharing your thinking on this site.

  • Greetings! I know this is kinda off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!

  • Thanks a lot for giving everyone an extremely terrific chance to read from here. It is usually very fantastic and as well , packed with fun for me personally and my office fellow workers to search your site on the least three times weekly to learn the newest items you will have. And of course, I am also usually fascinated with all the attractive strategies you serve. Some two ideas in this post are undoubtedly the most suitable I’ve ever had.

  • Neat blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog shine. Please let me know where you got your design. Bless you

  • that could be the end of this post. Right here youll come across some web pages that we believe you will appreciate, just click the hyperlinks over

  • Great – I should definitely pronounce, impressed with your site. I had no trouble navigating through all tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, website theme . a tones way for your customer to communicate. Nice task.

  • Thanks a lot for sharing this with all of us you actually know what you’re talking about! Bookmarked. Please also visit my web site =). We could have a link exchange arrangement between us!

  • Thank you for the auspicious writeup. It if truth be told used to be a entertainment account it. Glance complicated to far brought agreeable from you! By the way, how can we keep in touch?

  • of course like your website but you have to test the spelling on quite a few of your posts. A number of them are rife with spelling issues and I in finding it very troublesome to inform the truth however I’ll surely come back again.

  • You actually make it seem so easy with your presentation but I find this topic to be really something which I think I would never understand. It seems too complex and extremely broad for me. I’m looking forward for your next post, I will try to get the hang of it!

  • I love your blog.. very nice colors & theme. Did you design this website yourself or did you hire someone to do it for you? Plz answer back as I’m looking to design my own blog and would like to find out where u got this from. thanks

  • Magnificent goods from you, man. I have understand your stuff previous to and you’re just too fantastic. I actually like what you’ve acquired here, really like what you’re stating and the way in which you say it. You make it enjoyable and you still take care of to keep it wise. I can’t wait to read much more from you. This is actually a tremendous web site.

  • Greetings! This is my 1st comment here so I just wanted to give a quick shout out and say I genuinely enjoy reading your posts. Can you recommend any other blogs/websites/forums that deal with the same subjects? Thanks!

  • Thanks for your article. It is unfortunate that over the last several years, the travel industry has already been able to to handle terrorism, SARS, tsunamis, flu virus, swine flu, and the first ever real global tough economy. Through it all the industry has proven to be sturdy, resilient in addition to dynamic, discovering new approaches to deal with trouble. There are often fresh problems and possibilities to which the market must just as before adapt and respond.

  • Wonderful story, reckoned we could combine a few unrelated data, nevertheless definitely worth taking a look, whoa did one particular find out about Mid East has got additional problerms as well

  • It is really a nice and useful piece of info. I¡¦m glad that you just shared this helpful information with us. Please stay us informed like this. Thank you for sharing.

  • Simply wish to say your article is as surprising. The clarity for your post is just cool and i could think you are an expert on this subject. Fine with your permission allow me to clutch your RSS feed to stay up to date with approaching post. Thanks 1,000,000 and please carry on the gratifying work.

  • Excellent read, I just passed this onto a friend who was doing some research on that. And he just bought me lunch because I found it for him smile So let me rephrase that: Thanks for lunch!

  • You made some decent factors there. I seemed on the web for the difficulty and found most people will go along with with your website.

  • I found your weblog web site on google and test just a few of your early posts. Proceed to maintain up the very good operate. I simply additional up your RSS feed to my MSN Information Reader. Searching for ahead to studying extra from you in a while!…

  • Sweet blog! I found it while searching on Yahoo News. Do you have any suggestions on how to get listed in Yahoo News? I’ve been trying for a while but I never seem to get there! Appreciate it

  • I’ve been exploring for a bit for any high quality articles or blog posts on this kind of area . Exploring in Yahoo I at last stumbled upon this site. Reading this information So i am happy to convey that I’ve an incredibly good uncanny feeling I discovered just what I needed. I most certainly will make certain to do not forget this web site and give it a glance on a constant basis.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer