The defendants moved to transfer the action from Toronto to Sudbury, arguing that Sudbury was a significantly better venue.
The plaintiff opposed, partly on the basis that the motion was brought late.
The court dismissed the plaintiff's procedural objection, finding no prejudice from the three-day delay.
Applying Rule 13.1.02(2)(b) holistically, the court found that factors such as where the events occurred, where damages were sustained, the subject matter's location, and the convenience of parties and most witnesses favored Sudbury.
The court also noted that the availability of case management and judicial facilities was neutral.
The motion to transfer was granted.
