The defendant brought a motion to transfer the action from the Superior Court in Oshawa (Central East Region) to the Superior Court of Justice in Toronto (Toronto Region), which the plaintiff opposed.
The court, applying Rule 13.1.02 of the Rules of Civil Procedure, found no rational connection to Oshawa.
Considering the location of the parties, counsel, events giving rise to the claim, and witnesses, the court determined that Toronto was a substantially better venue and that the interest of justice required the transfer due to inconvenience and additional costs if the action remained in Oshawa.
The motion to transfer was granted, and costs were reserved to the trial judge.