The plaintiff commenced an action in Toronto against the university regarding her academic transcript.
The defendants successfully moved to transfer the action to Windsor, but the motion judge imposed a condition that the defendants pay the plaintiff's travel expenses 'in any event of the cause' due to her impecuniosity.
The defendants appealed the condition and the costs order, while the plaintiff cross-appealed the transfer.
The Divisional Court upheld the transfer, finding no palpable and overriding error.
However, the Court modified the condition to prevent fettering the discretion of the trial judge regarding costs, and remitted the issue of the motion's costs back to the motion judge as no submissions had been heard.
