This was an Application to grant a monetary Judgment against a purchaser’s counsel for the breach of trust conditions in a failed commercial real estate transaction. It was commenced by Originating Application. Pursuant to Rule 3.2(a), if there is no substantial factual dispute, an Action can be commenced by Originating Application. In Justice Mah’s view, there were several substantial factual disputes. The Respondents argued that if any litigable issues survived the Application, they should be dealt with by Statement of Claim pursuant to Rule 3.12. His Lordship agreed. Justice Mah denied the Application but granted the Applicant leave to continue the Action by Statement of Claim pursuant to Rule 3.12.