What is the difference between the originating process and the originating procedure?
New Brunswick, Canada
The following excerpt is from Bourque, Bourque Pitcher v. HMQ et al, 2017 NBQB 108 (CanLII):
The distinction between the originating processes is not academic. The concern is over ensuring full disclosure of the respective parties’ positions pre-hearing or pre-trial and being able to test those positions at the hearing or trial. For example, as noted by my colleague Morrison J. in Pension Coalition NB v. New Brunswick (Attorney General) 2014 NBQB 248, unlike some other Provinces “under our Rules parties to an application have no automatic right to discovery … or cross-examination of deponents …”
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