The moving defendants sought an order transferring a personal injury action from Toronto to Kitchener under Rule 13.1.02 of the Rules of Civil Procedure.
The claim arose from a serious accident in which a child fell from a third‑storey apartment window in Waterloo, sustaining significant head injuries.
The court reviewed the holistic factors governing venue transfer, including the connection of the events to the community, convenience of parties and witnesses, availability of court facilities, and the plaintiff’s choice of forum.
Although the accident occurred in Waterloo Region, the court found the moving defendants failed to establish that Kitchener was significantly more desirable than Toronto, particularly given logistical support arrangements for the disabled child plaintiff and the location of counsel and expert witnesses.
The motion to transfer the venue was dismissed.
