What is the test for converting an application into an action?
Ontario, Canada
The following excerpt is from Metropolitan Toronto Condominium Corporation No. 965 v. Metropolitan Toronto Condominium Corporation No. 1031, 2014 ONSC 4458 (CanLII):
In determining whether to convert an application into an action the following factors are relevant: (1) whether material facts are in dispute; (2) the presence of complex issues that require expert evidence and/or a weighing of the evidence; (3) whether there is a need for pleadings and discoveries; and (4) the importance and impact of the application and of the relief sought. Collins v. Canada at para. 5.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is there any case law relating to an accident benefit application where a delay in submitting the Application due to a personal relationship preventing the Applicant from making an application? (Ontario, Canada)
Can an application be converted into an action? (Ontario, Canada)
On the ground of urgency, in what circumstances will the applicant continue with her application for leave to continue with the application? (Ontario, Canada)
How have the courts dealt with an application where the applicant's disrespectful behaviour was so extreme that the application was dismissed as abuse of process? (Ontario, Canada)
What is the test for laches in an action brought by a party who has been a party to an action for over a year? (Ontario, Canada)
If costs cannot be agreed upon by counsel for the Respondent and the Applicant in a personal injury action, what is the date for costs? (Ontario, Canada)
What is the case law in favour of adducing additional evidence at the application stage of the application? (Ontario, Canada)
What is the test for dismissing an action as prescribed on the basis that the cause of action had accrued more than 6 years before the Statement of Claim was issued? (Ontario, Canada)
What are the implications of a motion judge's decisions regarding the restoration of an action to the trial list under r.48.11 and the dismissal of an Action for Delay pursuant to r.24.01? (Ontario, Canada)
What is the limitation period for an application to appeal against a denial of a licence application? (Ontario, Canada)
