Is this kind of action that should be placed under Rule 20A?
Manitoba, Canada
The following excerpt is from Rochelle et al. v. The Rural Municipality of St. Clements et al., 2014 MBCA 102 (CanLII):
To the contrary, we agree with the motion judge that this action is exactly the kind of action that should be placed under Rule 20A. Proportionality is the overarching concern here. The proportionality principle means that the best forum for resolving a dispute is not always the one with the most painstaking procedure. The courtroom is not the private preserve of any single litigant to be used as they see fit. The appropriate utilization of judicial resources is a public concern and one which courts should consider in reaching their decisions (Hryniak v. Mauldin, 2014 SCC 7).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the current standard of conduct in a defamation action? (Manitoba, Canada)
What is the test for oral evidence in a personal injury action? (Manitoba, Canada)
Can an action to overturn a conviction be brought as collateral attack? (Manitoba, Canada)
How have courts dealt with the issue of delay in an action for delay? (Manitoba, Canada)
Does the doctrine of mootness apply to an action or proceeding? (Manitoba, Canada)
What is the test for establishing that a defendant is not a party to a cause of action? (Manitoba, Canada)
What are the common issues of a class action? (Manitoba, Canada)
Can a court order a security program be considered a governmental action? (Manitoba, Canada)
In a personal injury action brought by the husband against the husband's father for non-disclosure of the husband’s financial affairs, what is the impact of the disclosure guidelines? (Manitoba, Canada)
What is the test for a judge's discretion on costs in a personal injury action? (Manitoba, Canada)
