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Request to Admit served during adjournment of trial allowed by court

In the case of Sivaji v. Rajwani, [2011] O.J. No. 6270, 108 O.R. (3d) 478, the allowed a to be served during a long adjournment of the trial. Justice A.D. Grace found that there is no inviolate rule that service of a Request to Admit has to be made before the scheduled trial date. Rule 51.02 of the Ontario of permits a Request to Admit to be served “at any time,” which Grace J. found would accommodate exceptional circumstances, such as a lengthy adjournment of a trial. The served a Request to Admit more than 20 days before the resumption of the trial, which was accepted as by Grace J.

Affleck Greene McMurtry LLP acted as counsel to the plaintiffs in this case.

The decision is located here: Sivaji_v._Rajwani,_[2011]_O.J._No._6270

Michael Binetti
Affleck Greene McMurtry LLP

Michael Binetti

Michael Binetti, a partner of the , brings a proven litigation background plus extensive experience in arguing both trials and . He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative ,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”

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