Form 22: Request to Admit
Why is Form 22 important?
The main objective of using a Form 22 is to optimize the legal procedure and save both time and money for all parties concerned.
The Family Law Rules support the principles of fairness meaning cases are dealt with quickly, and inexpensively as per Rule 2. Form 22 is a great tool to achieve these objectives since admission of facts and documents before trial can substantially reduce trial time.
By serving this form, the relevant issues can be narrowed and the trial can focus on the issues in dispute. At trial, all facts must be proven: no fact can be assumed to be true unless opposing party has already agreed it is true. You will save time and legal fees by not having to prove these issues in Court; instead, they can now be assumed. This minimizes the need for prolonged legal disputes and judicial actions, eventually resulting in financial savings for both parties involved and the judicial system.
What are steps involved in filling out the form 22?
(1) Identify the facts or documents to admit, begin by identifying the precise facts or documents that you want the other party to acknowledge. These should be relevant to the case and can include statements of fact or the authenticity of documents.
(2) Fill out the Form 22 Request to Admit Form, as required by the Family Law Rules of Ontario, ensuring that all essential information is given. The required information consists of your personal identification and contact info, the name of the other party, a clear statement of the fact or document to be acknowledged, and any essential particulars or explanations.
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(3) Serve the Request to Admit, to the opposing party in accordance with the Family Law Rules. Typically, this involves emailing the document to the opposing party or their legal counsel.
The opposite party is given a 20-day period to reply after being served with the request to admit. During this period, individuals have the option to either acknowledge the facts or documents as asked, contest them, or decline to acknowledge them while providing grounds for each rejection.
How can you use form 22 to avoid calling an expert at trial?
You would typically seek an expert’s opinion that is relevant to the issue at hand. This might apply to many fields like child psychology, property evaluation, or medical evaluations. After you would serve the expert’s report to the opposing party as part of the disclosure procedure. When the opposing party agrees with the expert’s findings, you may use Form 22 to officially acknowledge the expert’s view as evidence. If the opposing party consents to the opinion and does not raise any objections, the court may accept the expert’s opinion without requiring the expert’s physical presence at the trial for testimony.
What happens if a party refuses to admit facts that are true?
There will be cost consequences for not admitting facts which are true. In Tarlo v Boyer (2010), rule 24(5) (a) and (11)(b) justifies cost sanctions against a party refusing to admit facts. In Castrichini v Aquino (2021), the judge emphasized that a refusal to be honest and forthright about financial disclosure constitutes bad faith which justifies cost sanctions. Costs on a full recovery basis can be the net result.
What happens if the recipient does not respond within 20 days?
If the recipient does not respond, the recipient is deemed to have admitted the relevant facts. This can move the case forward. In Shoukralla v Shoulkralla (2014), the husband refused to respond about his financials and ended up being responsible for a large equalization payment. Rule 24(4) was used to conclude that the Applicant’s net family properrty statement was accurate.
Can a denial be used as an admission in a Request to Admit?
If a party denies an admission but in the clarification is an admission. In Champoux v Jefremova (2019), the defendent argued that the clarification was not admission simply because it was proffered in the context of a refusal. The Court held that to treat alternate facts as non-binding would undermine the goal of clarifying the issues and saving time and cost in the context of a Request to Admit. Admissions must be taken as fact even in the fact of contradictory evidence.
Can you withdraw admissions?
There is a test for withdrawing admissions. In Antipas v Coroneos (1988), the judge stated that first the Court whether the admission is one of fact, law, or both. The Court then applies a three-part to determine if the admission can be withdrawn:
- Does the amendment raise a triable issue with respect to the truth of the admission
- If there is a reasonable explanation for the withdrawal
- If the party removing admission has established that the withdrawal will not result in non-compensable prejudice.