This endorsement addresses the jurisdiction of a judge in a civil settlement conference to order the transfer of a file from the civil division to the family division of the Ontario Superior Court of Justice.
The applicant had initiated a civil application for partition and sale of a jointly owned home, despite unresolved family law issues.
The respondent sought to transfer the matter to family court.
The court found that the application was in the wrong forum, constituting "forum shopping" and splitting issues.
Citing Rules of Civil Procedure 50.13 and relevant case law, the judge confirmed the power to make procedural orders, including transfers, at a case conference without a formal motion, provided informal notice is given.
The matter was transferred to the family division, and a family settlement conference was ordered.
The applicant's counsel's aggressive objection and the applicant's inadequate attendance were noted.
