88Actions

88 Actions

The following classes of proceedings are to be commenced by a writ, unless these rules provide that they are to be commenced by application:

(a) for the recovery of a debt;

(b) for the recovery of wages or other remuneration;

(c) for the restitution or return of money paid;

(d) for the assessment of a sum as the value of goods or services, including claims on a quantum meruit or quantum valebat;

(e) proceedings based on a common count;

(f) for the recovery of a sum due on a negotiable instrument;

(g) for the return of goods or their value;

(h) for the recovery of money due in respect of necessaries supplied;

(i) for the enforcement of a bond;

(j) for the enforcement of a contract, an indemnity or a guarantee;

(k) for the specific performance of a contract;

(l) for the recovery of rent or mesne profits;

(m) for the recovery of land;

(n) for the recovery of damages, however arising;

(o) [Rule 88 Amended by S.R. 2004, No. 56, Applied:21 Jul 2004] for the declaration of a private right, including a right to ownership of personal property, except one to which rule 89(a) or rule 90(1)(a) applies;

(p) [Rule 88 Amended by S.R. 2004, No. 56, Applied:21 Jul 2004] for the declaration of a public right, except one to which rule 89(a) or rule 90(1)(a) applies;

(q) for the rectification of a deed or other instrument;

(r) for the setting aside of a contract or a gift;

(s) for the setting aside of a deed, conveyance, transfer or other instrument;