Can a Local Registrar at Humboldt make an order to return an Action to Saskatoon?

The defendant says there is no jurisdiction to make the order, relying on Paturnak and Tokarchuk v. Kaminski, an order of Tucker J., dated 24th April 1964 (unreported), where the learned Judge dealt with an application for an order directing a Local Registrar to return an action to another Local Registrar, The learned Judge said: “It will be noted that the Local Registrar at Humboldt was required by subsection (4) to request the Local Registrar at Saskatoon to transmit to the Local Registrar at Humboldt all papers and proceedings in the action, and upon receipt of the request the Local Registrar at Saskatoon, in this case, ‘shall comply therewith’. “This is mandatory and in my opinion the Local Registrar at Saskatoon acted properly in complying with his statutory obligation in transmitting the papers and proceedings in the action to the Local Registrar at Humboldt. “Subsection (4) of Section 52 goes on to provide as follows: “‘Upon such transmission the action shall be continued at the judicial centre to which the papers are transmitted as if it had originally been commenced there.’ “This is a statutory provision and I cannot order otherwise unless such power is given me by statute.”