COURT FILE NO.: CV-19-000002508-0000-OT
DATE: December 2, 2019
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1778130 ONTARIO INC.
Laman Meshadiyeva, for the Plaintiff
Plaintiff
- and -
AIDEN PAUL ANTHONY BOOTH, ANITA MEHMETI, WYATT BOOTH, ADELENE MARIA WAKIL BOOTH, AWW CORP.
Monica Peters, for the Defendants
Defendants
HEARD: Motion in writing
ENDORSEMENT
The Honourable Mr. Justice H. S. Arrell
INTRODUCTION:
[1] The plaintiff brings this motion in writing seeking an order transferring this action from Milton to Welland.
[2] The defendants are opposed.
FACTS:
[3] The plaintiff gave a mortgage to the defendants Aiden Booth, Anita Mehmeti and Wyatt Booth. The defendants Adelene Booth and AWW Corp. guaranteed the mortgage.
[4] There was default on the mortgage and power of sale proceedings were commenced.
[5] The material would indicate that some sort of resolution occurred regarding all or part of this litigation. At virtually the same time, a transfer motion erroneously went before Gibson, J. who confirmed the proper procedure was not followed, and ordered that the matter should be moved from Milton to either Toronto or Niagara.
[6] The plaintiff argues the most efficient location would be Welland.
[7] The record would indicate that one property is located in Niagara-on-the-Lake. The owner of that property resides in Niagara-on-the-Lake, as do the two guarantors.
[8] I have no information as to the residence of the other parties. The other property is located in North York.
[9] The information on this record does not indicate any connection to Toronto other than the law firms appear to practice in that city and one of the properties is located in North York.
ANALYSIS:
[10] This motion is governed by the Practice Direction of Central South and is therefore heard by the Regional Senior Justice in writing.
[11] Rule 13.1.02(2) (b) of the Rules of Civil Procedure govern the transfer of actions from one region to another. That rule basically says that the transfer is at the discretion of the motion judge and will be granted if it is in the interest of justice taking into account the eight enumerated areas of inquiry, none of which are paramount. I have considered those eight criteria.
[12] This is a private issue between the parties. I conclude that there would be no community interest in this litigation.
[13] It would appear that the majority of the parties are from the Niagara area. The only connection, on this sparse record to Toronto, would appear to be that the lawyers are located there as is one of the two subject properties; while the other is located in Niagara-on-the-Lake.
[14] The defendants have not put forward any logical reason why this action should not be transferred to Welland nor have they filed any material other than a very short email.
[15] This matter can be heard more quickly and efficiently in Welland than Toronto and therefore at less cost to the parties.
CONCLUSION:
[16] The motion of the plaintiff is granted, and this action is forthwith transferred from the Superior Court of Justice in Milton to the Superior Court of Justice in Welland.
[17] There is no order as to costs.
Arrell, J.
Released: December 2, 2019
COURT FILE NO.: CV-19-000002508-0000-OT
DATE: December 2, 2019
ONTARIO
SUPERIOR COURT OF JUSTICE
B E T W E E N:
1778130 ONTARIO INC.
- and -
aiden paul anthony booth, anita mehmeti, wyatt booth, adelene maria wakil booth, aww corp.
ENDORSEMENT
HSA
Released: December 2, 2019