What is the test determining whether an application should be converted to a civil action?

Canada (Federal), Canada

The following excerpt is from Tobique Indian Band v. Canada, 2009 FC 784 (CanLII):

Macinnis v. Canada (Attorney General), 1994 CanLII 3467 (FCA), [1994] 2 F.C. 464, is the applicable leading authority for the test determining whether an application should be converted to an action (“Macinnis”).

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