Access legal Services Professional Corporation v. Padjen

Access legal Services Professional Corporation v. Padjen

The appeal was dismissed because the appellant was deemed to have admitted that nothing further was owing, he did not seek leave to withdraw the admissions and produced no evidence to establish leave, which eliminated any genuine issue for trial; accordingly summary judgment dismissal and costs awards were appropriate.

Citation
2010 ONCA 669
Parties
Plaintiff/appellant: Access Legal Services Professional Corporation; Plaintiff/appellant: Aliamisse Mundulai; Defendant/respondent: Mirjana Padjen
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
18 October 2010
Procedural Posture
Civil / Appeal From Superior Court Judgment on Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Summary Judgment, Requests to Admit, Withdrawal of Admissions, Contingency Retainer, Costs Allocation
Source Language
English
Civil Procedure Contract Equity Costs Summary Judgment Requests to Admit Withdrawal of Admissions Contingency Retainer +1 more

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Parties

Access Legal Services Professional Corporation

Plaintiff/appellant

Aliamisse Mundulai

Plaintiff/appellant

Mirjana Padjen

Defendant/respondent

Procedural Posture

Civil / Appeal From Superior Court Judgment on Summary Judgment Motion

Legal Issues

  1. 1 Whether deemed admissions from a Request to Admit precluded a genuine issue for trial
  2. 2 Whether the appellant could withdraw admissions without seeking leave
  3. 3 Whether the non-party status of Mundulai to the retainer precluded his claim

Ratio Decidendi

The appeal was dismissed because the appellant was deemed to have admitted that nothing further was owing, he did not seek leave to withdraw the admissions and produced no evidence to establish leave, which eliminated any genuine issue for trial; accordingly summary judgment dismissal and costs awards were appropriate.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs of Access Legal Services' abandoned appeal fixed at $7,000 inclusive of disbursements plus HST