SelectCore Ltd. entered into an agreement with the applicant for auditing services. The applicant submitted four invoices totaling $160,177.50 for services rendered. The Respondent paid a portion of the first invoice and refused to make any additional payments on the grounds that the applicant promised discounts on its fees and that the Agreement did not contain 12% interest charge per annum provision on the outstanding amount owing. The Applicant brought a judgment against the respondents for non-payment of services rendered. The court converted the application into an action and directed a trial pursuant to Rule 38.10(b) as there was issues with material facts in dispute which could not be fairly determined on an application.