The respondents brought a motion to convert an application into an action, arguing that the application involved complex factual disputes, serious allegations of misconduct, and required pleadings and discoveries.
The applicants opposed, seeking a determination on the merits of the application.
The court found that the application suffered from ambiguity, lacked clarity regarding the relief sought, and involved material facts in dispute, including allegations of negligence and perjury.
The court granted the motion, converting the application into an action to allow for proper pleadings and discovery, emphasizing that procedural fairness required a full evidentiary record.
