The defendant brought a motion to transfer four Toronto actions to Brampton so that they could be tried with two related Brampton actions arising from the same motor vehicle accident.
The motion relied on Rule 13.1.02 of the Rules of Civil Procedure governing transfers of proceedings between courts.
Although the accident occurred in Toronto and several Rule 13.1.02 factors appeared to favour Toronto as the venue, the evidentiary record lacked information regarding the convenience of parties and witnesses and whether judicial resources were available in the proposed receiving region.
The court also noted that the required consultation protocol with the Regional Senior Justices had not been followed.
The motion was therefore dismissed without prejudice to bringing a motion to transfer the Brampton actions to Toronto.
