The plaintiff brought a motion to transfer his wrongful dismissal action from Toronto to Sarnia, citing the declining health of his wife who required his care.
The defendants opposed the transfer.
The court applied the holistic balancing test under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.
While acknowledging the plaintiff's caregiving responsibilities, the court noted that the other parties and counsel were located closer to Toronto, and the corporate defendant operated virtually.
The court concluded that the plaintiff failed to establish that Sarnia was a significantly better venue and dismissed the motion.
