Deemed admissions arising from non-compliance with r 166 UCPR carry less weight than formally and deliberately made admissions when a court considers an application to withdraw them under r 188. An affidavit generally verifying a proposed defence may be sufficient evidence to support withdrawal where the deponent is the principal witness with knowledge of the relevant facts. The failure of a proposed amended defence to address all deemed admissions does not debar the application to withdraw some of them.
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