| (1) |
If any action or proceedings have been instituted in the Court sitting in any area of jurisdiction, and it appears to the Court sitting in that area that such action or proceedings— |
| (a) |
should have been instituted in the Court sitting in another area of jurisdiction within the same province; or |
| (b) |
would be more conveniently or more appropriately heard or determined— |
| (i) |
by the Court sitting in another area of jurisdiction within the same province; |
| (ii) |
at the seat of the Court if the proceedings have been instituted in the Court sitting at another area of jurisdiction within the same province; or |
| (iii) |
at another area of jurisdiction if the proceedings have been instituted at the seat of the Court within the same province, |
the Court sitting in that area may, upon application by any party thereto and after hearing all other parties thereto, order such action or proceedings to be removed to the Court sitting at another area of jurisdiction or to the seat of the Court, as the case may be.
| (2) |
The provisions of this section apply, with necessary changes required by the context, to the removal of an action or proceedings from— |
| (a) |
the Court to a Division of the High Court; and |
| (b) |
a Division of the High Court to the Court, within the same province. |
| (3) |
An order for removal— |
| (a) |
under subsection (1) must be transmitted to the registrar of the Court to which the removal is ordered; and |
| (b) |
under subsection (2) must be transmitted to the registrar of the Court or the High Court, as the case may be, to which the removal is ordered, |
and upon the receipt of such order the Court or the High Court, as the case may be, may hear and determine the action or proceedings in question.
Intellectual Property Rights from Publicly Financed Research and
