What is the test for making an order without a trial of an issue?
Saskatchewan, Canada
The following excerpt is from Apostle Estate, Re, 1999 CanLII 12501 (SK QB):
In my view, this is a proper case to make an order without the necessity of a trial of an issue as there is no dispute whatsoever as to the material facts. (See Zeman v. Zeman Estate (1993), 49 E.T.R. 31 (B.C.S.C.)).
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