I Take it Back – Praxy Cladding Corp. v. Stone Lamina Inc. and the Withdrawal of Admissions from Pleadings and Examinations for Discovery

  • January 15, 2024
  • Catherine Gleason-Mercier, partner, Singleton Urquhart Reynolds Vogel LLP; Nicholas Reynolds, associate, Singleton Urquhart Reynolds Vogel LLP; and Rachel Poon, associate, Singleton Urquhart Reynolds Vogel LLP

In Praxy Cladding Corp. v. Stone Lamina Inc., 2023 ONSC 5288, the Ontario Superior Court reviewed the process for amending pleadings in proceedings under the Construction Act, and in doing so, provided important clarity as to what constitutes an admission, as well as the distinction between (and implications of) an admission from a pleading versus an admission arising out of an examination for discovery.

Below, we consider the key takeaways from this decision with respect to pleadings and conducting examinations for discovery.