The plaintiffs brought a motion seeking a declaration that the defendants' commencement of a competing action in Toronto, while the plaintiffs' action was pending in Kenora, was an abuse of process.
In the alternative, the plaintiffs sought to transfer the Toronto action to Kenora and consolidate the proceedings.
The court found no abuse of process but determined that Kenora was the proper venue, as the disputed property was located there and Toronto had no rational connection to the matter.
The court ordered the Toronto action transferred to Kenora and consolidated with the Kenora action.
