Linear S.R.L. v. Canadian Communication Consortium Inc.

Linear S.R.L. v. Canadian Communication Consortium Inc.

Leave to withdraw the deemed admission was granted because, despite deliberate tactical conduct by Defence Counsel, there existed a triable issue and no irreparable prejudice to the Plaintiff; in the interests of justice the matter should proceed to be decided on the merits and the time to file the Counterclaim was extended.

Citation
2001 BCSC 682
Parties
Plaintiff/respondent: Linear S.R.L.; Defendant/applicant: CCC - Canadian Communicationconsortium Inc.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 May 2001
Procedural Posture
Action to Recover Price of Goods (civil) / Application/motion to Withdraw Deemed Admission and Extend Time for Counterclaim (pre Trial)
Outcome
Court granted leave to withdraw the deemed admission, extended time to file and serve the Counterclaim, and awarded costs to the Plaintiff.
Legal Topics
Notice to Admit, Withdrawal of Admissions, Counterclaim, Summary Trial, Costs
Source Language
English
Civil Procedure Contract Evidence Notice to Admit Withdrawal of Admissions Counterclaim Summary Trial Costs

Case Brief

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Parties

Linear S.R.L.

Plaintiff/respondent

CCC - Canadian Communicationconsortium Inc.

Defendant/applicant

Procedural Posture

Action to Recover Price of Goods (civil) / Application/motion to Withdraw Deemed Admission and Extend Time for Counterclaim (pre Trial)

Legal Issues

  1. 1 Whether a deemed admission under the Rules may be withdrawn under Rule 31(5) in the interests of justice
  2. 2 Whether the time for filing and serving a Counterclaim should be extended
  3. 3 Whether the Plaintiff would suffer prejudice if the deemed admission were withdrawn

Ratio Decidendi

Leave to withdraw the deemed admission was granted because, despite deliberate tactical conduct by Defence Counsel, there existed a triable issue and no irreparable prejudice to the Plaintiff; in the interests of justice the matter should proceed to be decided on the merits and the time to file the Counterclaim was extended.

Court Disposition

Court granted leave to withdraw the deemed admission, extended time to file and serve the Counterclaim, and awarded costs to the Plaintiff.

Orders

  • Leave granted to Defendant to withdraw the deemed admission in respect of paragraph 5 of the Notice to Admit and to serve its Reply within 24 hours of the Order
  • Time extended and leave granted to file and serve the Defendant's Counterclaim within 24 hours of the Order