Which of the following is NOT an originating process?

Prepare for the Ontario Barrister Civil Practice Exam. Engage with flashcards and multiple-choice questions, each enhanced with hints and explanations. Ace your exam!

The written response is not considered an originating process because it serves a different function within the litigation process. An originating process initiates a legal proceeding, thereby establishing the court's jurisdiction over the matter and the parties involved.

In contrast, a written response is a document filed by a defendant or respondent to reply to or counter the claims made in an originating process, such as a statement of claim or a notice of application. Essentially, the written response does not originate the dispute; it responds to it.

Originating processes, such as a statement of claim or a notice of application, are primarily used to formally present a case to the court. A counterclaim against a third party is also an originating process because it seeks a court's involvement in addressing a new legal claim that arises as part of the initial litigation.

Thus, the distinction lies in the role that each document plays in the court process, with the written response functioning as a means of replying to claims rather than initiating them.

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