Natalina Marconi

The court granted a consent motion to transfer a collection action brought by The Toronto-Dominion Bank from London (Middlesex) to Toronto.

The decision reviews the legal principles for change of venue under Rule 13.1.02 of the Rules of Civil Procedure, emphasizing the need for a rational connection between the chosen venue and the subject matter of the proceeding.

The court found that all relevant events, parties, and interests were connected to Toronto, and that London had no rational connection to the dispute.

The decision also addresses the broader issue of forum shopping and its impact on judicial resources.

The plaintiff bank, having obtained judgment against the defendants, brought a motion for a reference and judicial sale of the debtor's real property under the Rules of Civil Procedure, seeking to bypass the standard sheriff's sale process under the Execution Act.

The court dismissed the motion, finding no special circumstances to justify departing from the legislated sheriff's sale process.

The court emphasized that judicial resources should not be routinely expended on equitable execution processes where a statutory mechanism exists, absent exceptional and compelling reasons.