The defendants brought a motion to transfer the action from Barrie (Central East Region) to the Toronto Region, which the plaintiff opposed.
The action involved shareholder oppression, real estate interests, and share valuation.
Applying Rule 13.1.02 of the Rules of Civil Procedure, the court found that a substantial part of the events and the subject matter (properties) were located in Toronto.
The plaintiff resided in York region, while the personal and corporate defendants resided/had their head office in Toronto.
The court determined that Toronto was a "substantially better" venue, satisfying the defendants' onus to demonstrate that a transfer was desirable in the interests of justice.
The motion to transfer was granted, and costs were reserved to the trial judge.
