Can a partial judgment be granted on admissions made by a Defendant?

Ontario, Canada


The following excerpt is from 784773 Ontario Limited v. Larkin, 2021 ONSC 1608 (CanLII):

A partial judgment may be granted on admissions made by a Defendant even where the total amount of damages is in dispute. In 8150184 Canada Corporation v. Rotisseries, 2014 ONSC 815, Justice Mew summarized the principles which the court should consider at para 5:

The following principles have been held to be applicable to a motion such as this: a. The admission must be clear and definite; b. The admission must be of such facts as show the party is clearly entitled to the order asked for; c. The rule does not apply where there is any serious question of law to be argued; d. The rule does not apply where there is a serious question of fact outstanding; e. The motion is based on admissions and proof of facts is not permitted; f. The motion should be granted only on a clear case and much care must be taken not to take away the right of trial on viva voce evidence; g. To succeed, the moving party must show that there is a clear admission on the face of which it is impossible for the defendants to succeed. See also: Starkman v. Home Trust Company, 2015 ONSC 1718, at para 34

Other Questions


Is it in the interest of justice to grant partial summary judgment against a single defendant? (Ontario, Canada)
Does a deemed admission made by one defendant be admissible against the other defendants? (Ontario, Canada)
Can a partial summary judgment be granted to reduce the length of time for trial? (Ontario, Canada)
Can a court grant partial summary judgment on 3 of 19 insurance policies? (Ontario, Canada)
When will partial summary judgment be granted? (Ontario, Canada)
Is partial summary granted against certain but not all defendants? (Ontario, Canada)
Can partial summary judgment be granted in a contested will? (Ontario, Canada)
What is the law of summary judgment including partial summary judgment? (Ontario, Canada)
Is there any case law where a motion for summary judgment has been granted in favour of summary judgment? (Ontario, Canada)
In what circumstances will a court grant partial summary judgment? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.