A party that makes express admissions of diagnosis and causation in Dust Diseases Tribunal proceedings and conducts its case on the basis that only quantum is in issue cannot raise new grounds on appeal challenging the validity of the mediation process or the mediator's certificate, where the opposing party demonstrates it could have adduced further evidence had the issue been raised at trial. Leave to withdraw express admissions under UCPR r 12.6 requires a separate application and involves an independent exercise of discretion.
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