The respondent estate trustee brought a motion to transfer the application to remove him as estate trustee from Hamilton to the Toronto Region.
The applicant opposed the transfer, having chosen Hamilton due to its proximity to his residence and medical practice.
Applying the holistic test under Rule 13.1.02 of the Rules of Civil Procedure, the court found that the moving party failed to establish that the proposed venue was significantly better than the applicant's choice.
The motion was dismissed.