Background: Sumas Environmental Services Inc., an environmental contracting company, provided water treatment and sediment control services for a construction project on lands owned by St. Alcuin College for the Liberal Arts Society. The project was managed by Montaigne Group Limited. Sumas initially invoiced Lionsgate Excavation and Demolition Limited, which later directed Sumas to invoice Montaigne. Montaigne failed to pay the invoices, and Sumas sought payment from St. Alcuin, who also refused to pay. The total amount at issue was approximately $4,100. Sumas filed a Notice of Civil Claim and registered a certificate of pending litigation against the lands.

Legal Arguments/Issues: St. Alcuin applied for declarations that certain statements in Sumas’ Amended Notice of Civil Claim were improper withdrawals of admissions and that St. Alcuin could rely on the original statements as admissions. St. Alcuin argued that Sumas’ amendments constituted improper withdrawals of admissions under Rule 7-7(5)(c) of the Supreme Court Civil Rules. Sumas argued that the amendments were permissible and did not constitute admissions.

Held: The court ruled that the statements in Sumas’ original Notice of Civil Claim were not admissions, as they were not deliberate, clear, and unambiguous concessions. The court found that the amendments were permissible and did not constitute withdrawals of admissions. The court emphasized the importance of resolving issues on their merits and dismissed St. Alcuin’s application.

Costs/Damages Awarded: Sumas Environmental Services Inc. was entitled to its costs. The total amount at issue in the case was approximately $4,100.