The applicant, Donald Bodkin, moved for an order to convert his application into an action under Rule 38.10(1)(b) of the Rules of Civil Procedure, arguing that the case involved highly contested facts, credibility issues, and required processes inherent to an action like pleadings and examinations for discovery.
The respondents opposed the motion, citing the applicant's legal experience, potential limitation period issues, and alleged delay tactics.
The court found that the test for conversion was met due to significant material facts in dispute, complex issues requiring credibility assessment, and the necessity of a full discovery process.
The court exercised its discretion to grant the conversion, finding no uncompensable prejudice to the respondents.
