The defendant employer brought a motion in a wrongful dismissal action seeking to change the place of trial from Kitchener, selected by the plaintiff in the statement of claim, to either Walkerton or Owen Sound.
The court reviewed Rule 13.1.02 of the Rules of Civil Procedure and the presumption favouring the plaintiff’s chosen venue unless a clear advantage or interests of justice justify transfer.
Although the underlying events occurred in Owen Sound and the defendant’s witnesses resided there, the court found the witnesses could travel to Kitchener without significant inconvenience and the matter could be scheduled there promptly.
The defendant failed to demonstrate that the proposed venue was clearly more advantageous or necessary for a fair and efficient trial.
The motion to change the place of trial was therefore dismissed.
