Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court?
Alberta, Canada
The following excerpt is from Fountain Tire (Valleyview) Ltd. v. Elm Oil Patch Rentals Ltd., 1998 ABQB 215 (CanLII):
Similarly , my Brother, Mr. Justice Fraser, in Oliver v. Oliver, [1997] A.J. No. 1053 (Q.L.) once again cited with approval the Wade decision and held that the right of the court to transfer the proceedings under R.12 is governed by consideration of the balance of convenience.
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