The court held that An originating summons shall be in Form 13 of Appendix B, and shall specify the relief sought. The person entitled to apply shall present it ex parte to a judge sitting in Chambers with an affidavit setting forth concisely the facts upon which the right to the relief sought by the summons is founded…”
The bed rock of the application was an affidavit. The application before me was not accompanied by an affidavit as is required by law. Instead counsel in his wisdom attached a document entitled ‘Affirmation’ to the originating summons. Clearly the application is incurably defective as it begs the primary component, an affidavit.