The moving party sought to set aside a Master's report and withdraw an admission regarding the date of a mortgage advance relevant to lien priority under the Construction Lien Act.
The admission established that funds were advanced on November 19, 2009, giving the lien claimant priority over the mortgage advance.
The court held the moving party failed to satisfy the leave test required to bring the interlocutory motion and withdraw the admission.
The evidence showed the admission resulted from litigation strategy and failure to obtain available documents rather than inadvertence or mistaken instructions.
The motion was dismissed and the Master's report left undisturbed.
