The plaintiff moved to change the place of trial from Ottawa to Kingston in an action concerning an unpaid promissory note and alleged negligent legal services relating to property in Kingston.
Although the events, damages, and subject-matter of the dispute were located in the Kingston area, the proceeding had been commenced and substantially advanced in Ottawa, including discoveries and mediation.
Applying Rule 13.1.02(2)(b) of the Rules of Civil Procedure, the court weighed the enumerated factors governing venue transfer and emphasized that the moving party bears the burden of showing that a transfer is desirable in the interests of justice.
The court found that most convenience and cost considerations were neutral or favoured maintaining the existing venue, particularly given the late stage of the request and the plaintiff’s lack of a compelling explanation for the change.
The motion to transfer the trial venue was therefore dismissed.
