What is the test for establishing that an application has been commenced as an application under the 1972 Rules of Civil Procedure?

Nova Scotia, Canada


The following excerpt is from Barthe v. National Bank Financial Ltd., 2010 NSSC 220 (CanLII):

I conclude that this matter is not similar to that in Smith v. Michelin. In Smith v. Michelin the matter was begun as an application inter partes under the 1972 Rules and, as was said in that case, the hearing was the final hearing as contemplated by commencing an application inter partes. It disposed of the matter and was intended to dispose of the matter. In that respect, it was like a trial.

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