Application vs Actions
Litigation is a complicated process that involves various ways of resolving disputes.
The two main ways of resolving legal disputes in litigation are applications and actions. One of the most important decisions a litigant must make is whether to pursue an application or an action.
While both options offer distinct advantages and disadvantages there are key differences between applications and actions.
Applications
An application is a legal procedure used to request a court order that resolves a legal dispute outside of the trial process. Applications begin with a party asking the court to make a ruling based on the law, without a trial.
Applications are usually faster and less expensive than actions because they require less preparation, witnesses usually don’t appear in person and they are shorter than trial. As such they are a more efficient way to resolve legal dispute without requiring a full trial, if they’re allowed under the Rules of Civil Procedure.
Actions
An action, on the other hand, is a legal procedure that involves a formal dispute between two or more parties seeking a resolution of their legal issues through the court system. An action begins with the issuing of a Statement of Claim and ends in a trial process that involves presenting evidence and testimony to a judge or jury with the goal being obtaining a final judgment that either dismisses the claim or grants a remedy.
The key differences lie in the nature of the disputes and the procedures involved. Choosing between an application or an action in your litigation matter depends on the facts and circumstances of each case.
Reach out to anyone at our firm for expert and efficient legal advice on the best procedure to resolve your legal dispute.
Ariel Dorfman, Associate Lawyer