AlliedSignal Inc. v. Dupont Canada Inc.
T-2234-89
Hugessen J.
1/6/98
3 pp.
Motion pursuant to R. 49 to transfer proceedings pending in Federal Court of Appeal to Trial Division-Proceedings pending in Court of Appeal and in Trial Division-Two difficulties with motion-(1) Proper construction of R. 49 to have motions under R. 49 brought in Court Division where proceedings pending and not in Division where proceedings sought to be transfered-(2) Proceedings, properly brought under old Rules, pending in Trial Division appeals from report made by referee of that Court-New Rules providing where referee Judge of the Court, his report has effect of judgment-Appeal should be to Court of Appeal-Exercise in futility that Judge of Trial Division sit in appeal of decision from another Judge of same Division-Under R. 49, Court having jurisdiction to make order not to transfer proceedings pending in Court of Appeal to Trial Division but vice versa-Parties not raising serious objections to Court exercising jurisdiction given by R. 49-Court may exercise this power of its own initiative by virtue of R. 47-Transfer of proceedings from Trial Division to Court of Appeal ordered-Federal Court Rules, 1998, SOR/98-106, RR. 47, 49.