Brennan L. Kahler

The defendants brought a motion to transfer a personal injury action from Barrie to Toronto.

The plaintiff opposed the motion, arguing it was brought late and for tactical reasons.

The court dismissed the motion, noting that the defendants failed to raise the issue until after the pretrial conference and that transferring the action to Toronto would result in significant delay in securing a trial date.

The Court of Appeal issued a costs endorsement following an appeal.

As success was divided, the court ordered that each side bear its own costs for both the motion and the appeal, making no order for costs in the Court of Appeal or before the lower court judge.

The plaintiffs were involved in a motor vehicle accident and initially named the municipality as a defendant in their notice of action.

They subsequently filed a statement of claim and simultaneously filed a notice of discontinuance against the municipality.

After the limitation period expired, the plaintiffs sought to add the municipality back as a defendant, citing the discoverability principle upon learning that a dangerous shoulder drop-off may have contributed to the accident.

The motion judge declared the notice of discontinuance invalid but alternatively allowed the municipality to be added as a defendant.

The Court of Appeal held that the notice of discontinuance was valid, but upheld the motion judge's discretionary decision to add the municipality as a defendant based on the discoverability principle.