The moving defendants sought to transfer two related medical negligence actions from Toronto to London, Hamilton, or Milton under Rule 13.1.02(2) of the Rules of Civil Procedure.
The claims arose from alleged latex exposure during medical treatment in London and Ancaster, and the defendants argued that the events and witnesses were primarily located outside Toronto.
Applying the holistic analysis of the enumerated factors under Rule 13.1.02(2), the court considered the location of events, convenience of parties and witnesses, court availability, litigation costs, and other relevant circumstances.
The court concluded that the moving parties failed to demonstrate that any proposed venue was significantly better than the plaintiff’s chosen venue.
The motion to transfer the actions was dismissed.
