Lewis & Lewis v Adams

canada, canadian, case law, court opinion, canlii, pescad, 2025peca5, 2025 peca 5 (canlii), 2025, peca, 5, (canlii), s1-ca-1525, 2025, procedure, originating process, application converted to action, whether applications judge erred by dismissing rather than converting under rule 38.11(1)(b), discretion on proper process does not extend to nullifying the proceeding, directions to proceed by statement of claim and litigation management under the rules, appeal allowed, procedure, procedural irregularities, rules 2.01 and 38.11, whether rule 2.01(2) bars setting aside an originating process because a different process should have been used, failure to comply with the rules treated as an irregularity, remedy should cure defect on just terms rather than terminate proceedings, order set aside, procedure, procedural fairness in civil process, rule 2.02 diligence, whether respondent could attack the choice of originating process after taking further steps, “lying in wait” approach to procedural errors rejected, delay in raising irregularity considered in assessing procedural remedies, conversion ordered without prejudice arguments rejected, appeal allowed, evidence, pleadings and proof, identifying causes of action from application record, whether causes of action in the action are limited to those disclosed by the notice of application and supporting affidavits, notice of application not a pleading, facts gleaned from affidavits and exhibits, new causes of action subject to ordinary restrictions, conversion ordered, limitation periods, amendment and new causes of action, statute of limitations, whether adding new causes of action after conversion remains subject to the statute of limitations, conversion changes procedure, not causes of action, new causes of action governed by amendments rules and limitation period defences, limitation issue not determined on appeal