The defendant, the owner of a cow that escaped onto a highway causing a motor vehicle accident, brought a motion to transfer two related personal injury actions from Toronto to Lindsay or Oshawa.
The plaintiffs, who resided in Ajax, received extensive medical treatment in Toronto and retained Toronto-based experts.
The court applied Rule 13.1.02(2)(b) and found that while the accident occurred in the Regional Municipality of Durham, the convenience of the treating specialists, medical experts, and counsel strongly favoured Toronto.
The court concluded that the defendant's proposed venues were not significantly better than the plaintiffs' reasonable choice of Toronto, and dismissed the motion with costs.
