The defendant brought a motion to transfer the action from the Durham Region (Oshawa) to the Toronto Region, arguing the motor vehicle collision occurred in Toronto.
The plaintiffs opposed, asserting that Oshawa was a more convenient venue, particularly due to one plaintiff's limited mobility and proximity to Oshawa.
The court applied Rule 13.1.02 of the Rules of Civil Procedure, emphasizing the plaintiff's prima facie right to choose venue and the moving party's burden to demonstrate that the proposed venue is "significantly better." The motion was dismissed as the defendant failed to satisfy this burden, especially considering the potential hardship to the plaintiff.
