Key Points:

• Background:

  • Wessuc Inc. claimed $1,014,612.43 for sludge disposal services provided to Todd Brothers.
  • The case involves a tender by the Region of Durham to clean a lagoon, with Wessuc as a subcontractor.
  • Dispute centers on whether the contract terms were based on a unit price or capped sum.

• Primary Issues:

  • Wessuc claims payment based on the volume of sludge removed.
  • Todd argues the contract capped payments at an estimated 6,100 cubic meters.
  • Key issues include the contract terms and proper notice under the bond.

• Motion to Withdraw Admissions:

  • Wessuc sought to withdraw certain admissions made in their Amended Reply and Defence to Amended Counterclaim.
  • Admissions conflicted with other pleadings and Wessuc’s claims for additional payment.
  • Court applied a three-part test for withdrawal: triable issue, inadvertence, and prejudice.

• Court's Decision:

  • Admissions were inconsistent with Wessuc’s claims, indicating a triable issue.
  • Inadvertence in pleading was recognized, and no significant prejudice to defendants was found.
  • Motion to withdraw admissions was granted, allowing trial to proceed on contested issues.

• Costs:

  • No costs awarded for the motion, with both parties partially responsible for lost court time.