Court refused transfer and consolidation of related actions with pending Brampton trial.
The defendant brought a motion seeking orders that two Toronto actions arising from a motor vehicle accident be tried together, transferred to Brampton, and then tried together with an existing Brampton action arising from the same accident.
While the plaintiffs did not oppose the request that the Toronto actions be tried together, they opposed transferring the actions to Brampton and consolidating them with the Brampton proceeding.
The court held that the Toronto actions were newly commenced and could not realistically be ready for the scheduled January 2014 trial of the Brampton action.
Justice Snowie had already ordered that the Brampton action proceed alone, having considered prejudice to the plaintiff in that action.
The court found no independent basis for transferring the Toronto actions to Brampton under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.
SCJSuperior Court of JusticeNov 30, 2013
