In Zebroski v. Jehovah’s Witnesses,[4] McBain J., after considering the authorities, held that the correct approach to a summary judgment application based on admissions was as follows: 18 Obviously, matters must be clear before a party will be denied the right to try an issue. At trial evidence can be adduced, viva voce and findings of fact, as a result made, and then questions of law can be adequately argued, considered and decided. 19 I will therefore proceed on the basis that before I grant any request of the Defendants: (1) The admissions must be clear; and, (2) there is no serious question of law left to be tried. 20 When there are serious questions of law or fact to be tried then the Plaintiff, in all fairness, must be allowed to proceed to trial to attempt to there obtain a favorable resolution of the issue.
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