The numbered company relies upon Hamilton v. Ahmed (1999), 28 C.P.C. (4th) 139, 86 A.C.W.S. (3d) 61, a decision of Master Horn. He sets out an eight part test and the numbered company argues that the test should apply to this case in this way: 1. That the test is whether there is a triable issue which, in the interests of justice, should be determined on the merits and not disposed of by an admission of fact.
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