The applicants commenced a judicial review application in Brampton concerning a Small Claims Court action originating in Timmins.
The Regional Senior Judge, on his own motion, raised the issue of whether the application should be transferred to Sudbury in the Northeast Region.
The applicants opposed the transfer, alleging institutional bias in the Northeast Region.
The court rejected the bias allegations, finding no cogent evidence to displace the presumption of judicial impartiality.
Exercising its inherent jurisdiction to control its own process, the court ordered the application transferred to Sudbury, as the underlying litigation, parties, and community interest were all located in the Northeast Region.
