What is the test for transferring a proceeding from one court to another?

Ontario, Canada


The following excerpt is from Neshkiwe v. Hare, 2020 ONCJ 285 (CanLII):

The sections go on to specify that the first proceeding may nevertheless be transferred to the other court, where the first court is of the opinion that the second court is more appropriate. The court having jurisdiction to make that transfer decision is the original court, not the receiving court. See Deronov v. Agathocli ¶ 17-21.

Other Questions


Does the Court of Appeal have jurisdiction to order a transfer of a cause into this court from another court? (Ontario, Canada)
Can issue estoppel prevent parties from re-litigating issues previously decided in another court proceeding? (Ontario, Canada)
In what circumstances will a court order that an earlier proceeding be stayed until the completion of the later proceeding is completed? (Ontario, Canada)
Can a court refuse to certify a proceeding as a class proceeding solely on any of the following grounds? (Ontario, Canada)
If a foreign jurisdiction clause has been agreed to between parties to a domestic proceeding, can the court stay the domestic proceeding? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
What is the test for enforcement of a request to obtain an order from a court in Canada from a foreign court? (Ontario, Canada)
Is it an abuse of the court’s process for a party to bring multiple legal proceedings against the same party in the same matter? (Ontario, Canada)
In what circumstances will a court order Noble China not to proceed with its annual meeting until a revised management proxy circular is distributed to shareholders? (Ontario, Canada)
Can a parent be found in contempt of court for passively permitting the court order to be undermined? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.