The court granted the defendant's motion to transfer a personal injury action to Toronto, finding no connection to Brampton other than plaintiff's counsel.
The defendant Toronto Transit Commission (TTC) brought a motion to transfer the action from the Central West Region (Brampton) to the Toronto Region.
The plaintiff, Magdalene Coppin, opposed the transfer.
The court, applying Rule 13.1.02 of the Rules of Civil Procedure, found that the incident occurred in Toronto, the plaintiff resided and received treatment in Toronto, and examinations for discovery took place in Toronto.
The only connection to Brampton was the location of the plaintiff's counsel.
The court determined that the TTC met its onus to demonstrate that the interests of justice required the transfer to Toronto, considering a holistic application of the factors under Rule 13.1.02(2)(b).
SCJSuperior Court of JusticeSep 18, 2018