TS v STAZENSKI

The Defendant sought an Order setting aside a Notice to Admit Facts filed by the Plaintiff. Burrows J. stated that the following should not be included in a Notice to Admit Facts:

(a)        Matters of opinion that it is not reasonable to expect a Defendant to admit;

(b)        Facts that would circumvent the Rules relating to expert evidence; and

(c)        Facts that relate to points that would not normally be the subject of evidence.