The defendants brought a motion to transfer a motor vehicle accident action from Guelph to London, seeking to consolidate it with a separate London action against the plaintiff's long-term disability insurer.
The plaintiff opposed the transfer.
The court, applying Rule 13.1.02(2)(b) factors holistically, found that the cause of action, damages, and subject matter were Guelph-centric.
It determined that the convenience of parties and witnesses did not favor London, and transferring would significantly delay the Guelph trial, which was already on the trial list.
The motion was dismissed, upholding the plaintiff's prima facie right to choose venue and emphasizing the negative financial impact of delay on the plaintiff.
