The defendant brought a motion to transfer the action from Barrie to Milton, arguing that the case had no connection to Barrie other than the plaintiff's counsel being located there.
The plaintiff opposed the transfer, citing significant prejudice due to the potential loss of an imminent trial date in Barrie.
The court dismissed the motion without prejudice, finding that while Milton would normally be a more appropriate venue based on the location of the accident and parties, the impending trial date and the defendant's dilatory conduct in bringing the motion and completing expert reports were overriding factors.
The court also confirmed the ongoing issues with court facilities in Milton, which favour leaving the action in Barrie.
