The defendant, Ljudmilla Jefremova, brought a motion under Rule 51.05 of the Rules of Civil Procedure to clarify or withdraw an admission made in a Reply to Request to Admit concerning the location of an abscess in a medical negligence action.
The plaintiff opposed the motion.
The court declined to rule on the interpretation of the admission at this stage, finding it should be considered after trial submissions.
Applying the four-part test for withdrawing an admission, the court found no triable issue regarding the truth of the admission itself, only its interpretation.
Consequently, the motion to withdraw the admission was dismissed.
