What is the test for determining whether a party can proceed with an application?

Nova Scotia, Canada


The following excerpt is from Elfreda Freeman Alter Ego Trust (2015) v. Payne, 2019 NSCA 28 (CanLII):

I find this consideration to be one which triggers a presumption in favour of an application within the meaning of Civil Procedure Rule 60.02(3)(a) [sic]. Because of this finding, as Campbell J. pointed out in Hong v. Lavy, supra, at para. 37: ... there is no requirement to advance to the next step of considering whether any of the factors that favour the presumption of proceeding by an action apply. The presumption in favour of an action is addressed only if the presumption in favour of application does not apply. Here, the presumption in favour of an application applies...

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