The court is significantly challenged by the record for the applicant’s claims and the respondent’s counterclaims in this matter. Their affidavits are significantly in conflict. There has been no questioning by the parties and no cross-examination on their affidavits. I am tempted to simply direct a trial of the issues before the court, but am mindful of the expense that would then be incurred by both parties. I am inspired by the decision of Madam Justice Eberhard in the case of Lewi v. Lewi (2005), 4441 (ON S.C.). Dealing with different facts but similar issues, Madam Justice Eberhard stated at paragraph 8: Despite this lack of specific evidence, I intend a determination. The parties were set for trial but agreed, for expedience, to seek adjudication by way of motion. Inherent in that agreement is an understanding that they will obtain a judgment circumscribed by the limitations of a motion. As they are unable to agree, they are asking for an independent determination of their dispute. That they shall have.
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