The defendant/plaintiff by counterclaim, Ryan Wood, brought a motion to transfer the action from Toronto to Barrie, pursuant to Rule 13.1.02 of the Rules of Civil Procedure.
The plaintiff/defendants by counterclaim opposed the transfer.
The court applied a holistic approach to the factors outlined in Rule 13.1.02(2)(b), noting that the action originated from events in Simcoe County, all parties resided in Barrie, and there was no factual or evidentiary connection to Toronto.
The court found that the moving party demonstrated that transferring the action to Barrie was desirable in the interest of justice.
The motion was granted, and the action was ordered transferred.
