This was an Application under Rule 3.12 to convert an Action started by Originating Application to a Statement of Claim.

The Court noted that Rule 3.2 requires that an Action must be started by way of Statement of Claim unless there is no factual dispute where an Originating Application may be utilized. The Applicant claimed there were substantial factual disputes and, therefore, the Originating Application Action must be converted to a Statement of Claim Action using Rule 3.12.

The Court found the Applicant’s proposed Statement of Claim introduced “whole new areas of inquiry” which in its view were not relevant to a determination of the Originating Application. The Court dismissed the Applicant’s Application.