The court addresses the issue of forum shopping in mortgage proceedings, specifically the practice of commencing actions in judicial regions with no connection to the underlying dispute.
The decision reviews the relevant Practice Direction, the Rules of Civil Procedure, and the court’s inherent jurisdiction to control its process.
The court finds that the action should have been brought in Owen Sound, not Halton, and criticizes the plaintiff’s venue choice as unfair and burdensome to the defendant and the court.
While granting the plaintiff leave to issue a writ of possession in this instance, the court warns that such conduct will not be tolerated in the future.
