39Proceeding incorrectly started by originating application

39 Proceeding incorrectly started by originating application (1) This rule applies if the court considers that a proceeding started by originating application should have been started by originating claim or may more conveniently continue as if started by originating claim. (2) The court may do all or any of the following: (a) order that the proceeding continue as if started by originating claim; (c) order that any affidavits filed in the proceeding be treated as pleadings, alone or supplemented by particulars; (d) order that the plaintiff file and serve a statement of claim; (e) make any other order it considers appropriate. (3) If the court makes an order under subrule (2) (a)— (a) the originating application is taken to be an originating claim; and (b) the proceeding is taken to be a proceeding started by originating Rule 40