Three Options for Responding:

• Admit: Agree that the facts or documents are true or genuine. 
• Deny: Disagree that the facts or documents are true or genuine. 
• Refuse to Admit: Not admit the facts or documents, but provide a reason for the refusal. 

What are some reasons for refusal to answer?

When refusing to admit, it is important to provide a reason for the refusal, as the reasonableness of the refusal can be an issue for costs. 

Common reasons for refusal include: 

• The facts or documents are irrelevant to the case. 
• Uncertain, ambiguous or confusing statement
• Privilege
• Unduly burdensome
• Annoyance, embarrassment
• Calls for a legal conclusion
• “Premature” since discover not occurred yet
• The facts or documents are not within the party’s knowledge. 
• The party has insufficient information to admit or deny. 

What are the deadlines for submitting a response?

A response must be filed within 20 days of receiving the request, or else all facts and documents are deemed admitted.

What happens if they do not respond?

They are all deemed as admissions. You can ask for a summary judgment, Rule 16 of the Family Law Rules, which is a final order made by the court without a full trial. This occurs when a party can demonstrate there is no genuine issue requiring a trial on all or part of a claim or defense.  Sometimes, people closer to trial ask for it to be set aside if they failed to answer.

What are reasons to withdraw admissions?

• Triable Reason – setting aside the admission should result in a triable issue
• Reasonable Explanation – understandable (lawyer mistake)
• Balancing Prejudice -withdrawal can be compensated with cost

The admission must be a really important issue i.e. a triable issue, not something unimportant. The explanation for the inadvertent error must be reasonable. The last is the withdrawal of the admission can be compensated by costs.

What is an “agreed statement of facts”?

This is a statement of facts that both sides agree on. There is no specific form for it. This agreed statement of facts is given to the judge. There is now no need to prove any of these facts.

Do you need to file the Request to Admit or Response to Request to Admit with the court office?

You only need to serve them to the opposing party. The only case you would file it is that you are relying on it and want “deemed admissions” since the opposing party did not respond. You file the Request to Admit with an Affidavit of Service. Also, you would file it if you are looking for a cost award. If they had admitted it, you would not have had to prove it in court and waste the court’s time.