 |  |
|
 |
 |
 |
 |
|  | |  | |
In cases falling outside either of the "must" categories mentioned above, subject to the
rules regarding originating motions and petitions discussed below, the RHC allow the
plaintiff to commence proceedings either by using a writ or an originating summons.
Order 5 r 4(2) gives important guidance as to when each mode is appropriate :-
"Proceedings -
(a)
in which the sole or principal question at issue is, or is likely to be, one of the
construction of any written law or of any instrument made under any written
law or of any deed, will, contract or other document, or some other question of
law, or
(b)
in which there is unlikely to be any substantial dispute of fact,
are appropriate to be begun by originating summons unless the plaintiff intends in those
considers the proceedings more appropriate to be begun by writ."
Unlike writs and originating summonses, originating motions and petitions can only
be used for starting proceedings if their use is expressly required or authorized by the
RHC or some other written law. But, where they are the specified method of
commencement, use of the writ or originating summons is excluded.
Notes
O 5 r 4(1).
O 5 r 4(1).
|
 |
|