The defendant moved to transfer a motor vehicle-pedestrian action from Barrie to Lindsay, where the accident occurred and where the parties and some liability witnesses resided.
Applying Rule 13.1.02(2) and the venue comparison approach in Chatterson, the court held that the plaintiffs' chosen venue was reasonable and that the moving party had not shown Lindsay to be significantly better.
The court accepted that Barrie would likely be the least expensive forum because plaintiffs' counsel was based there and some expert and medical witnesses might be located outside Lindsay.
The motion was dismissed and costs of $1,200 were awarded to the responding parties.
