The defendants brought a motion to withdraw an admission made in their Statement of Defence regarding the plaintiff's entitlement to common law reasonable notice.
The plaintiff opposed the motion and brought a cross-motion to strike portions of the defendants' motion record.
The court applied the three-part test for withdrawing an admission and found that there was a triable issue regarding the enforceability of the termination provision, the admission was made in error, and the withdrawal would not cause non-compensable prejudice to the plaintiff.
The motion to withdraw the admission was granted.
The plaintiff was entitled to costs for the cross-motion, but the court offset these against the defendants' costs for the main motion, ordering each party to bear their own costs.