The defendants brought a motion to transfer the action from Hamilton to Walkerton, arguing that a fair trial could not be held in Hamilton due to the prominent philanthropic profile of the plaintiff's principal.
The court rejected this argument, finding no reasonable apprehension of bias among the Hamilton judiciary.
The court deferred deciding whether a transfer was desirable in the interests of justice under Rule 13.1.02(2)(b) until a pending motion to set aside a default judgment in the action is resolved.
