The defendant brought a motion to transfer the action from Kitchener to London, Ontario, arguing it was in the interests of justice.
The plaintiff opposed the transfer.
The court considered the factors under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.
While the location of the collision, damages, and subject matter favored London, and the convenience of parties and witnesses also leaned towards London, the court found that significant backlogs in criminal cases and judicial complement issues in London would severely delay a civil jury trial.
Upholding the plaintiff's prima facie right to choose venue, the court concluded that the defendant failed to demonstrate that a transfer was desirable in the interests of justice, particularly concerning the timely and expeditious determination of the proceeding.
The motion was dismissed.
