The estate trustee brought a motion seeking leave to withdraw admissions and amend a statement of claim relating to ownership of corporate shares and real property, and to consolidate three related proceedings.
The court applied Rule 26.01 of the Rules of Civil Procedure and the jurisprudence governing withdrawal of admissions under Rule 51.05.
It held that the moving party failed to establish a reasonable explanation for the change in position and failed to demonstrate absence of prejudice, particularly given a prior consent order directing sale of the property based on joint ownership.
The proposed amendments concerning the property were also found to constitute an abuse of process, and consolidation was refused because it would conflict with the existing reference process and increase procedural complexity.
