The moving party, Donald Bartlett Jr., sought leave to appeal an interlocutory order that dismissed his motion to amend his statement of defence and withdraw admissions made in 1990 regarding a guarantee.
The Divisional Court applied the test under Rule 62.02(4)(b) of the Rules of Civil Procedure.
While the court found good reason to doubt the correctness of the motion judge's findings on two of the three elements for withdrawing an admission, it found no reason to doubt the finding on the second element (inadvertence or wrong instructions).
Furthermore, the court held that the matter did not involve issues of public importance.
The motion for leave to appeal was dismissed with costs fixed at $7,000.
