Lisa Armstrong

The defendant brought a motion to transfer a personal injury action arising from a motor vehicle collision from Barrie to Toronto.

The collision occurred in Toronto, and all parties, counsel, and potential witnesses, including medical professionals, were located in or near Toronto.

The plaintiff did not respond to the motion.

The court applied the factors under Rule 13.1.02 of the Rules of Civil Procedure and concluded that Toronto was a substantially better venue, as there was no connection between the action and Barrie.

The motion to transfer was granted.

The plaintiff sued her insurer for bad faith, negligence, and fraud in the administration of her statutory accident benefits claim following a motor vehicle accident.

The defendant insurer brought a Rule 21 motion to strike the statement of claim, arguing the Licence Appeal Tribunal (LAT) had exclusive jurisdiction under section 280 of the Insurance Act.

The court agreed, finding that the essential character of the dispute concerned the denial of accident benefits, which falls within the exclusive jurisdiction of the LAT regardless of how the claim is legally characterized.

The statement of claim was struck without leave to amend.