The plaintiff, BMW Financial Services Canada, brought a motion for summary judgment against the defendant, Jingwe Liu, for monies owed under a vehicle lease agreement.
The defendant had admitted signing the lease in his statement of defence but later claimed the signature was a forgery and the witness was not present.
The court granted summary judgment to the plaintiff, finding the defendant's admission clear and definite, and that there was no genuine issue requiring a trial.
The court also considered, hypothetically, a motion to withdraw the admission and found it would not be granted due to lack of reasonable explanation and non-compensable prejudice to the plaintiff.
