April 19th, 2012
In the case of Sivaji v. Rajwani,  O.J. No. 6270, 108 O.R. (3d) 478, the Ontario Superior Court of Justice allowed a Request to Admit 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 Rules of Civil Procedure 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 plaintiffs served a Request to Admit more than 20 days before the resumption of the trial, which was accepted as evidence by Grace J.
Affleck Greene McMurtry LLP acted as counsel to the plaintiffs in this case.
The decision is located here: Sivaji_v._Rajwani,__O.J._No._6270