This motion concerned a property dispute where the applicant sought to convert an application into an action.
The court granted the motion, finding that the case involved material facts in dispute, complex issues requiring expert evidence, credibility assessments, and a need for pleadings and discoveries.
The conversion was deemed in the interests of justice, providing the respondent with the opportunity to pursue summary judgment and ensuring a more suitable procedural framework for the complex issues involved.
The court also indicated it would case manage the proceeding with strict deadlines.
