The Estate Trustee brought a motion to transfer an action regarding the administration of the estate from Brantford to Toronto.
The moving party argued that Toronto was the more convenient forum as the deceased lived there, the estate was filed there, and most beneficiaries and assets were located there.
The responding party opposed the transfer, noting the action was properly commenced in Brantford and significant procedural steps had already occurred there.
The court applied the holistic balancing test under Rule 13.1.02 and found the moving party failed to establish that Toronto was a significantly better venue.
The motion to transfer was dismissed.
