Court File and Parties

Hamilton Court File No.: 18-64688 Date: 2018-10-31 Superior Court of Justice - Ontario

Re: Ralph Orman and Carmen Centurami, Plaintiffs And: Eindrannie Singh and Kheeran Singh, Defendants

Before: Justice Stephen Firestone

Counsel: A. Douglass Burns, for the Plaintiffs Ralph Oman and Carmen Centurami Kheeran Singh, Self-Represented Eindrannie Singh, Self-Represented

Heard: In Writing

Endorsement

[1] The plaintiffs Ralph Orman and Carmen Centurami (“plaintiffs”) bring this motion for an order transferring this action from the Central South Region (“Hamilton”) to the Toronto Region pursuant to Rule 13.1.02 of the Rules of Civil Procedure, R.R.O. 1990, Reg.194 (the “Rules”). The defendants Eindrannie Singh and Kheeran Singh (“defendants”) oppose the motion.

[2] Paragraphs 47-51 of the Consolidated Provincial Practice Direction at Part III (B) effective July 1, 2014 (“Practice Direction”) deal with the transfer of a civil proceeding in the Central East, Central West, Central South and Toronto Regions under Rule 13.1.02. Pursuant to the Practice Direction, motions to transfer should be brought in writing at the court location to which the moving party seeks to have the proceeding transferred. These motions are to be heard by the Regional Senior Judge, or his or her designate. The Regional Senior Judge has delegated the responsibility for deciding this motion to me in my capacity as civil team leader in the Toronto Region.

Factual Background

[3] In this action, the plaintiffs seek payment of a mortgage debt and possession of the mortgaged property. The mortgaged property is located in the City of Toronto. The defendants are the registered owners of the mortgaged property. The defendants reside in the City of Toronto.

[4] The plaintiffs reside in the City of Hamilton.

Analysis

[5] The Consolidated Practice Direction for Civil Actions, Applications, Motions and Procedural Matters in the Toronto Region at paragraph 72 states “ Pursuant to rule 13.1.01(3) of the Rules of Civil Procedure, which comes into effect on March 31, 2015, Toronto shall be the place for commencement of mortgage proceedings for property, located anywhere in the Toronto region.

[6] The property which is the subject matter of this mortgage action is located in Toronto. As a result, this action should have been commenced in Toronto but was not. The interests of justice require that this action be transferred from Hamilton to Toronto.

[7] I encourage the parties to agree on the issue of costs of this motion. If they cannot, I direct that each of the parties provide their cost submissions totaling no more than one page by November 12, 2018.

Firestone J.

Date: October 31, 2018