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As such, the exercise of inherent jurisdiction is a broad doctrine allowing a court to control its own processes and to control the procedures before it. The power stems not from any particular statute or legislation, but rather from inherent powers invested in a court to control the proceedings
234:. The judges of the Court obviously have a part in the making of the rules, but the rules are regulations under the Act. Inherent jurisdiction cannot be used to conflict with the unambiguous expression of the Rules.
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Inherent jurisdiction cannot, of course, be exercised so as to conflict with statute or rule. Moreover, because it is a special and extraordinary power, it should be exercised only sparingly and in a clear case.
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should have priority over other charges and encumbrances. The
Supreme Court of Canada stated that a court cannot negate the unambiguous expression of legislative will and further held that:
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261:. The Court of Appeal for Nova Scotia has taken the position that a single judge of the court may use the inherent jurisdiction of the court to manage its own procedures.
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Inherent jurisdiction appears to apply to an almost limitless set of circumstances. There are four general categories for use of the court's inherent jurisdiction:
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Another restriction on the application of the doctrine of inherent jurisdiction appears to be that inherent jurisdiction cannot be used to create new rules of
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described the court's inherent jurisdiction as a general power to control its own procedure so as to prevent its being used to achieve injustice.
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in various provinces in Canada have varying relationships with the inherent jurisdiction of their courts. In
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which was a case dealing with whether a judge had exceeded jurisdiction in determining the
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to act in aid of superior courts and in aid or control of inferior courts and tribunals.
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does not have a hand in their creation, and they are not subject to approval by the
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Bremer Vulkan
Schiffbau und Maschinenfabrik v. South India Shipping Corporation Ltd
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to prevent steps being taken that would render judicial proceedings inefficacious;
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241:, on the other hand, the Rules of Civil Procedure are made by the judges of the
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College
Housing Co-operative Ltd. v Baxter Student Housing Ltd. (1976)
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the Rules of Civil
Procedure are considered to be regulations of the
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or his representative. The rules are subject to the approval of the
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to ensure convenience and fairness in legal proceedings;
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46:but its sources remain unclear because it lacks
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