31 Mar 2023
Rumsey v Carros Group Services Inc
The Realtors sought to withdraw their admissions in a lawsuit where the plaintiff claimed she had been defrauded of her property. The plaintiff sued the Realtors, property manager, notary, Land Title and Survey Authority, and Jane Doe. The notice to admit, which covered liability issues, was delivered late and caused technical difficulties. The Realtors' counsel promptly replied, but the plaintiff refused to consent to withdrawal. The court decided to allow the withdrawal of admissions based on the interests of justice and the need for a trial. Costs were awarded to the Realtors.