Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court?
Ontario, Canada
The following excerpt is from Alexandrov v. Csanyi, 2009 CanLII 10665 (ON SCDC):
[21] Tawfik v. Baker affirms the existence of an inherent jurisdiction of this court to exercise adiscretion to allow transfer of a cause into this court from another even if it is not a case of the proceeding having been started in the wrong court. It does not stand for the proposition that an applicant is entitled to transfer on demand. As alluded to above, Tawfik v. Baker affirms that "wrong court" does not mean bringing an action in a court which has a monetary limit lower than the extent of the damages asserted. O'Marra J. did not hold that there was an absence of jurisdiction in this court to order a transfer. He declined in the circumstances before him to exercise the discretion.
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