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RULE 33
ADMISSIONS

Analysis



Voluntary admissions

33.01. A party may give notice, by pleading or otherwise in writing, that the party admits the truth of the whole or any part of the case of any other party.

1986 c42 Sch D rule 33.01

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Notice to admit facts or documents

33.02. (1)A party may, by a notice to admit in Form 33.02A, request any other party to admit, for the purposes of the proceeding only, the truth of any relevant fact or the authenticity of any relevant document specified in the notice.

(2) Unless the Court otherwise orders, the truth of any fact or the authenticity of any document specified in the notice to admit shall be deemed to be admitted for the purposes of the proceeding only unless, within the period specified in the notice, which shall not be less than ten days, the party receiving the notice to admit serves upon the party giving the notice a statement that

(a) specifically denies the truth of any such fact or the authenticity of any such document and sets forth in detail the reasons why the party cannot make the admissions; or

(b) declares the admission of the truth of any such fact or the authenticity of any such document cannot be made on the grounds of privilege or irrelevancy or the request is otherwise improper, and sets forth in detail the reasons therefore.

(3) Unless the Court otherwise orders, a true copy of any relevant document specified in the notice to admit shall be attached to the notice when served, and the notice shall also advise the other party that the other party may, if it is necessary, inspect the document by immediately communicating with the party giving the notice.

(4) The Court may at any time allow any party to withdraw any admission or denial upon such terms as are just.

1986 c42 Sch D rule 33.02

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Judgment on admission of facts or documents

33.03. When an admission of the truth of any fact or the authenticity of any document is made by a party by pleading or otherwise, any other party may apply to the Court for the entry of judgment or for such order as the other party may be entitled to on the admission without waiting for the determination of any other question between the parties, and the Court may allow the entry of such judgment or make such order as it thinks just.

1986 c42 Sch D rule 33.03

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Costs on refusal to admit

33.04. Where a party unreasonably denies or refuses to admit the truth of any fact or the authenticity of any document, the Court may order the party to pay the costs of proving the truth of the facts or the authenticity of the document at a trial or hearing.

1986 c42 Sch D rule 33.04

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Action on bill of exchange

33.05. In a proceeding based upon a bill of exchange or other negotiable instrument the Court may order that the loss of such an instrument not be set up as a defence if an indemnity is given, satisfactory to the Court, against the claims of any other person under the instrument.

1986 c42 Sch D rule 33.05