In the case of Sivaji v. Rajwani, [2011] 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,_[2011]_O.J._No._6270
Michael Binetti*, Managing Partner of Affleck Greene McMurtry LLP, brings a wealth of litigation experience, with extensive expertise in both trials and appeals. Known for his strategic legal acumen, Michael has consistently demonstrated his ability to navigate complex cases and deliver successful outcomes across a wide range of litigation areas. Peers and clients alike praise Michael as an “excellent and creative lawyer” who “finds unique solutions to complex problems” and “knows how to win.” Recognized for his dedication and professionalism, he is described as a “strong advocate who always looks out for the best interests of his clients” and provides “timely, honest, and extremely valuable counsel.” Michael’s reputation for excellence is underscored by his inclusion in ranking services such as Best Lawyers, Lexology, and Lexpert.
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