Sep 10, 2015
Rule 5.01 – Scope of Rule 5
The applicant sought declaratory relief pursuant to Rule 5 that regulations requiring it to provide seismic data to the respondent were ultra vires the enabling statutes. The respondents brought a motion, asserting that the appropriate way to proceed was not by Rule 5 but by judicial review pursuant to Rule 7. Held, motion dismissed. By its inherent jurisdiction and general authority under the Rules to determine the most appropriate course of the action, the court could determine the manner in which to proceed, having regard to the pleadings. Had the applicant's fundamental preliminary question been a challenge to a decision of the respondent, judicial review would have been the only appropriate course. However, the applicant's fundamental question was whether the regulations were ultra vires, a question properly raised under Rule 5.