When an actor makes a statutory decision, their decision must be challenged by judicial review and attempts to attack it otherwise may amount to abuse of process (barring a private tort)
S did not go through the correct procedure set out by legislature. Should have gone thru JR.
Appeal dismissed. Claim was not inconsistent, but his action was collateral attack on the superintendent’s decision.
*REFER TO PART 2 OF FRAMEWORK FOR STEPS ON COMMENCING PROCEEDINGS*
ROADMAP
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Notice of Civil Claim is the default manner to begin proceeding Rule 2-1 (1)
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Draft pleadings: To start proceeding, a person must file NoCC Rule 3-1 (1)
NoCC must contain the following
Rule 3-1 (2) and comply with
Rule 3-7 on pleadings generally
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P serves the pleadings on D Rule 4
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Particulars: Have sufficient particulars been provided? Rule 3-7 (18-24)
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Renewal: Has the noticed of civil claim gone for 12 months w/o being served? Rule 3-2
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Amending Pleadings: Are there any issues with the pleadings? Do they need to be amended?
Rule 6-1. See also
Hanson v Sharma
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D responds to pleadings Rule 3-3
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Counterclaim: Has D decide to sue P for a related cause of action? Rule 3-4
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Third Party Claims: Has D decided to sue someone not involved in the action, or another D? Rule 3-5
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Contribution or Indemnity Claims: Did other D or non-parties cause or contribute? Rule 21-9
See also
Strata P v Scott Mgmt
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Reply: If D raised something new in their response that P couldn't deal with the first time around, P can file another pleading called “reply” Rule 3-6
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Has the D failed to respond? Consider Default Judgment Rule 3-8
RULE 2-1 – Choosing the Correct Form of Proceeding
p.4
(1) Commencing proceedings by notice of civil claim
Makes the Notice of Civil Claim the DEFAULT manner to begin a proceeding. It should be unless the criteria of Rule 2-1 (2) are met.
(2) Commencing proceedings by petition or requisition
A petition may be used where the sole question is of an enactment of a document (like a will) or a rule or particular statute will specify where someone wanting relief have to proceed by a petition. Petition is not actually a pleading.
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Generally in a petition, facts are laid out. No live witnesses.
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Petition meant to be efficient, and far simpler litigation tool
Rule 3-1 — Notice of civil claim
p.5
Notice of Civil Claim
(1) To start a proceeding under this Part, a person must file a notice of civil claim in Form 1.
Content of Notice of Claim
(2) A notice of civil claim must do the following:
Rule 3-2 – Serving & Renewing a Notice of Claim
p.5
Rule 3-4 – Counter-claim
p.6 Arises when D has been sued by P for a cause of action, but the D decides to sue P for a diff but related cause of action.
Rule 3-5 – Third Party Claims
p.7
Third Party Claim is, D suing someone that is not involved in the action at all OR in BC, if one D sues another D (In other prov it’s called: cross-claim)
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So if you’ve been sued, and you feel that it’s another person that’s at fault you can sue that person through the 3rd party claim
Rule 3-6 - Reply
p.9
P makes the allegations, D responds. If D raises anything new that P couldn't deal with the first time around, P can put in another pleading called a “reply”. But it has to pertain specifically to something that couldn't be addressed in the initial notice of claim.
Rule 3 -7 Pleadings Generally
Basically a “how to guide” on how to plead a case: