The plaintiff moved to set aside the registrar’s automatic dismissal of an action alleging misappropriation of investment funds and to transfer the place of trial from Toronto to St. Catharines.
The dismissal was set aside on consent, as the motion had been brought before the dismissal order was issued and procedural steps had continued.
Applying Rule 13.1.02(2)(b) of the Rules of Civil Procedure, the court weighed convenience, trial scheduling, and access to justice considerations.
Despite several defendants and counsel being located in Toronto, the court found the plaintiff’s health issues and limited financial means were significant factors favouring transfer.
The action was therefore ordered transferred to St. Catharines in the Central South judicial district.
