The plaintiff brought a motion to transfer their action from Windsor to the Toronto Region, which the defendant did not oppose.
The court dismissed the motion, finding that the plaintiff failed to provide sufficient admissible evidence to meet the requirements of Rule 13.1.02(2) of the Rules of Civil Procedure.
The judgment highlighted issues with the affidavit evidence, including hearsay and lack of clarity regarding the plaintiff's residence and the connection of the case to Toronto, emphasizing that consent alone is insufficient for a venue transfer.
