RULE 22: ADMISSION OF FACTS

MEANING OF ADMISSION THAT DOCUMENT GENUINE

22.  (1)  An admission that a document is genuine is an admission,

(a)   if the document is said to be an original, that it was written, signed or sealed as it appears to have been;

(b)   if it is said to be a copy, that it is a complete and accurate copy; and

(c)   if it is said to be a copy of a document that is ordinarily sent from one person to another (for example, a letter, fax or electronic message), that it was sent as it appears to have been sent and was received by the person to whom it is addressed.  O. Reg. 114/99, r. 22 (1).

REQUEST TO ADMIT

(2)  At any time, by serving a request to admit (Form 22) on another party, a party may ask the other party to admit, for purposes of the case only, that a fact is true or that a document is genuine.  O. Reg. 114/99, r. 22 (2).

COPY OF DOCUMENT TO BE ATTACHED

(3)  A copy of any document mentioned in the request to admit shall be attached to it, unless the other party already has a copy or it is impractical to attach a copy.  O. Reg. 114/99, r. 22 (3).

RESPONSE REQUIRED WITHIN 20 DAYS

(4)  The party on whom the request to admit is served is considered to have admitted, for purposes of the case only, that the fact is true or that the document is genuine, unless the party serves a response (Form 22A) within 20 days,

(a)   denying that a particular fact mentioned in the request is true or that a particular document mentioned in the request is genuine; or

(b)   refusing to admit that a particular fact mentioned in the request is true or that a particular document mentioned in the request is genuine, and giving the reasons for each refusal.  O. Reg. 114/99, r. 22 (4).

WITHDRAWING ADMISSION

(5)  An admission that a fact is true or that a document is genuine (whether contained in a document served in the case or resulting from subrule (4)), may be withdrawn only with the other party’s consent or with the court’s permission.  O. Reg. 114/99, r. 22 (5).