Procedure wanting or in doubt
1.11 Procedure wanting or in doubt
(1) Where the manner or form of the procedure:
(a) for commencing or for taking a step in a proceeding; or
(b) by which the jurisdiction, power or authority of the Court is exercisable,
is not prescribed by this
Chapter, a direction under section 72 of the Act or by or under any other Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions.
(2) An act done in accordance with a determination or direction under subrule (1) is regular and sufficient.
(3) An application for directions under this rule with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as the defendant and an application for directions with respect to a proceeding already commenced shall be made by summons.
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