The respondents brought a motion to transfer a Commercial List application from Toronto to Kitchener.
The underlying dispute involved two shareholders disagreeing over the implementation of a Transition Agreement and the proposed removal of one shareholder as a director.
The court applied a holistic balancing of the factors under Rule 13.1.02(2) of the Rules of Civil Procedure.
Finding that the applicant resided and worked in Toronto, and that the Commercial List could accommodate the scheduling, the court concluded the respondents failed to demonstrate that Kitchener was a more desirable venue.
The motion was dismissed with costs awarded to the applicants.
