The respondent brought a motion to transfer an estate application from Ottawa to Newmarket.
The applicant, who commenced the application in Ottawa, opposed the transfer.
The court considered the factors under Rule 13.1.02(2) of the Rules of Civil Procedure and found that the convenience of the parties was equally balanced.
The court also noted that keeping the matter in Ottawa would trigger mandatory mediation under Rule 75.1, which would benefit the parties.
The motion was dismissed as the respondent failed to establish that Newmarket was a significantly better venue.
