The defendant brought a motion seeking to transfer the venue of a personal injury action from Barrie to Sudbury following a motorcycle accident that occurred in Sudbury.
The moving party argued that most lay witnesses and the plaintiff resided in the Sudbury area, while the plaintiff resisted the transfer citing potential delay, expert witnesses located in Toronto, and counsel’s office in Barrie.
Applying Rule 13.1.02(2)(b) of the Rules of Civil Procedure and the applicable Practice Direction, the court conducted a holistic assessment of factors including location of events, witnesses, convenience, costs, and availability of court resources.
While several factors favoured Sudbury, the court held that the moving party failed to demonstrate that Sudbury was “significantly better” than the plaintiff’s chosen venue.
The court emphasized the plaintiff’s right under the Rules to select the trial venue and declined to interfere with that choice.
