The defendants brought a motion seeking to transfer the trial venue from Timmins to Toronto and to strike the plaintiff’s jury notice in an action for damages arising from the denial of an aviation insurance claim after the destruction of an aircraft.
The court applied Rule 13.1.02 of the Rules of Civil Procedure and held that the moving parties failed to establish that Toronto was a substantially better venue than the plaintiff’s chosen forum.
The court also rejected the argument that the action was essentially one for declaratory relief requiring determination by a judge alone.
The court found that significant factual issues concerning the purpose of the flight and the meaning of “ab initio instruction” under the insurance policy required factual determination suitable for a jury.
The motion to change venue and strike the jury notice was dismissed.
