Court File and Parties

Court File No.: CV-15-519724 Date: 20181009 Superior Court of Justice - Ontario

George Niras, Plaintiff And: John Doe and Club Pro Adult Entertainment, Defendants

Before: Mr. Justice Stephen E. Firestone

Counsel: George Niras, Self-Represented Plaintiff Philip E. Ghosh, for the Defendant

Heard: In Writing

Endorsement

[1] The defendant Club Pro Adult Entertainment Inc. (“Club Pro”) in this Toronto action brings a motion for:

(a) An Order transferring Brampton action CV-15-5487-00 (George Niras v. Mandrake Khan) from the Central West Region to the Toronto Region pursuant to Rule 13.1.02 of the Rules of Civil Procedure, R.R.O. 1990, Reg. 194 (the “Rules”), and

(b) An Order that actions CV-15-519724 and CV-15-5487-00 be heard together or one after the other pursuant to Rule 6.01(1)(d).

[2] This motion to transfer has been assigned to me for determination by the Regional Senior Judge in my capacity as civil team lead in the Toronto Region.

Rule 13.1.02(2) provides that the court may on any party’s motion, make an order to transfer the proceeding to a county other than the one where it was commenced. (Emphasis added).

[3] The Consolidated Provincial Practice direction effective July 1, 2014 (“Practice Direction”) governs motions to transfer under rule 13.1.02 in the Central East, Central West, Central South and Toronto Region. Paragraph 9 of the Practice Direction provides that “[A] motion to transfer a proceeding should be brought at the court location to which the moving party seeks to have the proceeding transferred”.

[4] Club Pro is not a defendant in the Brampton proceeding in which the transfer is sought. There is no order to date consolidating or ordering that the Brampton and Toronto actions be tried together. As a result any motion to transfer the Brampton action to Toronto must be brought by way of motion in the Brampton action by a party in that action in accordance with Rule 12.1.02 and the Consolidated Practice Direction.

[5] Any motion brought by a party in the Brampton action seeking its transfer to Toronto is to be heard by me in writing in accordance with the Toronto Consolidated Practice Direction.

[6] The motion for trial together or one after the other is to be held in abeyance and determined at the same time or following any motion to transfer brought by the parties in Court File No.: CV-15-5487.

[7] The motion to transfer brought by Club Pro is dismissed. Costs reserved to the trial judge.

Firestone J. Date: October 9, 2018