The respondents brought a motion to transfer the hearing of an application regarding a road access dispute from Toronto to Parry Sound.
The applicants, who reside in British Columbia, commenced the application in Toronto.
The court considered the factors under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.
While the events occurred in Parry Sound and the subject property is located there, the court found that transferring the matter would not be desirable in the interests of justice, primarily because an expeditious hearing date had already been set in Toronto and it was unclear if a timely hearing could be accommodated in Parry Sound.
The motion was dismissed.
