“This court has no jurisdiction to hear this appeal. It is an appeal of a final order of a judge of the Family Court made only pursuant to provincial legislation and, as such, must be made to the Divisional Court pursuant to s. 19(1)(a.1) of the Courts of Justice Act.
Where a proceeding is taken before the wrong court, it may be transferred to the proper court: s. 110(1) of the Courts of Justice Act. The decision to transfer is discretionary: Bernard v. Fuhgeh, 2020 ONCA 529, 61 C.P.C. (8th) 231, at para. 15. In deciding whether a transfer is in the interests of justice, the court considers three factors: (1) the merits of the proposed appeal; (2) prejudice that the respondent may suffer as a result of further delay while the appeal is waiting to be heard; and (3) whether the appellant acted promptly after becoming aware that jurisdiction was in dispute.”