The plaintiff commenced an action in Toronto for intrusion upon seclusion and other torts, alleging the defendant improperly obtained and disclosed information about her university enrollment during family litigation.
The defendant brought a motion to transfer the proceeding to London, while the plaintiff brought a motion to compel the defendant to disclose the source of the information.
The court granted the transfer motion, finding that the holistic application of Rule 13.1.02 factors strongly favoured London, where both parties and most witnesses reside.
The court adjourned the plaintiff's motion to compel disclosure, holding that while the information is relevant and must be disclosed, piecemeal discovery should be discouraged and the issue should be addressed at examinations for discovery.
