The moving party sought declarations and procedural orders requiring the applicant's constructive trust claims concerning real property to proceed as separate civil claims rather than within the Family Court proceeding.
The court held that the forum issue had already been determined in an earlier endorsement and could not be relitigated, invoking principles against duplicity and res judicata.
The court also relied on s. 21.8(1) of the Courts of Justice Act, which requires matters within Family Court jurisdiction to be commenced, heard, and determined there.
The requested relief was denied, with costs submissions to follow.
