Can an application be converted into an action?
Ontario, Canada
The following excerpt is from Nienkamper Furniture & Accessories Inc. v. Muller, 2009 CanLII 22564 (ON SC):
Nienkamper referred to the decision of Mr. Justice Ground in Scott v. Cockburn, [2005] O.J. NO. 2719. Justice Ground decided that, as the motions judge, he had the jurisdiction to decide that the applications could be converted into actions. He noted that he had virtually all the material that would be before the applications judge, including extensive affidavits and transcripts of cross-examinations. As such, he was in as good a position as the applications judge to make a determination.
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