In Makrikostas v. MonsterCapital.ca Inc (Div Court, 2024) the Divisional Court cited the little-used RCP provision [R37.17] whereby a litigant may bring a motion before a full proceeding (ie. action or application) is brought:
[3] We are not to be taken to agree with the decision of Akazaki J. that the Superior Court of Justice sitting in a civil matter lacks jurisdiction to hear an urgent motion before a proceeding is commenced. Rule 37.17 of the Rules of Civil Procedure, RRO 1990 Reg 194 provides otherwise. Moreover, the Superior Court of Justice has the inherent jurisdiction to remedy a civil wrong in sufficiently urgent circumstances.
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