Court File and Parties

Court File No.: CV-17-126400OT Date: 2019-05-27 Superior Court of Justice - Ontario

Re: Gerald Kolten, Plaintiff And: Douglas Walker, Defendant

Before: Firestone J.

Counsel: Barry L. Evans, for the Plaintiff Alan L. Rachlin, for the Defendant

Heard: In Writing

Endorsement

[1] The Defendant brings this motion in writing for the following:

(a) An order transferring this action from Oshawa to Toronto to be tried together or one after the other, as the trial judge may direct, with Toronto action number CV-16-545939;

(b) In the alternative, an order transferring this action to Toronto.

[2] The Plaintiff opposes the motion.

[3] On this motion the moving party seeks additional relief other than the transfer of this action from Oshawa to Toronto; namely that the Oshawa and Toronto action be tried together or one after the other, as the trial judge may direct.

[4] Motions brought by a party to transfer a proceeding are to be heard in writing in accordance with the Consolidated Provincial Practice Direction (“Practice Direction”) effective July 1, 2014. The Practice Direction deals with the transfer of a civil proceeding in the Central East, Central West, Central South and Toronto Regions under Rule 13.1.02 of the Rules of Civil Procedure. 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.

[5] Rule 37.12.1(4) of the Rules of Civil Procedure, R.R.O 1990, Reg 194 (the “Rules”) sets forth the procedure to be followed where a party seeks to have a contested motion heard in writing which would include a motion for an order for trial together or one after the other. As part of that procedure pursuant to Rule 37.12.1(5)(d) the responding party, once served with the moving party’s motion material, may deliver notice that they intend to make oral argument.

[6] The Plaintiff has delivered such notice in accordance with Rule 37.12.1(5)(d).

[7] I therefore order that the Defendant’s motion be set down for an oral hearing before a judge in the Toronto Region. The moving party Defendant is directed to take all appropriate steps in accordance with the rules and applicable Practice Directions to secure the hearing date.

Firestone J. Date: May 27, 2019