Susan Sviergula

The respondent was successful on a motion for relief against deemed admissions arising from the applicant's Requests to Admit.

The court initially proposed a costs award of $5,000 against the applicant, subject to written submissions.

The applicant argued no costs should be payable, while the respondent sought $10,002.20 based on partial indemnity.

The court rejected the applicant's arguments, noting his Requests to Admit were improper and his conduct unnecessarily increased costs.

The court awarded the respondent $10,000 in partial indemnity costs.

The respondent, Ms. Switzer, brought a motion seeking relief regarding two Requests to Admit served by the applicant, Mr. Switzer.

She sought confirmation that her responses were timely or, alternatively, permission to withdraw any deemed admissions and an extension of time.

The applicant opposed, seeking to rely on the deemed admissions.

The court found the first Request to Admit non-compliant due to lack of signature and the second Request to Admit's response was deemed timely due to delayed receipt.

The respondent's motion was granted, allowing withdrawal of deemed admissions and extending time for response.