The applicant brought a motion seeking an order directing a trial of issues arising from a dispute between equal shareholders.
The court considered extensive affidavit evidence and noted that the parties had the opportunity to cross-examine on that evidence.
The court concluded that there were no material facts in dispute and that the principal issue could properly be determined on a motion rather than requiring a trial.
Relying on prior authority confirming that issues may be resolved on motion where facts are not contested, the court dismissed the applicant’s motion seeking a trial of issues and granted relief to the respondents.
