Court File and Parties
Court File No.: CV-18-592790 Date: 2020/03/06 Superior Court of Justice - Ontario
Re: PNM Investments Inc., Plaintiff And: Jason Good, Defendant
Before: Ellies R.S.J.
Counsel: Adam Grant and Marla Kuperhouse, for the Plaintiff No one appearing for the Defendant
Heard: March 6, 2020
Endorsement
[1]
Overview
The plaintiff moves pursuant to r. 13.1.02 of the Rules of Civil Procedure to transfer this action from Toronto to North Bay. The motion is made in writing, but not on consent. The time for responding under r. 37.12.1(5) of the Rules of Civil Procedure has expired and nothing has been received from the self-represented defendant.
[2]
Analysis
As the plaintiff points out in its materials, there is really nothing connecting this action to Toronto, where it was commenced. The property which is the subject of the action is located in Kirkland Lake. The parties are also located there. So, too, are the witnesses. In fact, the only connection that I can see to Toronto is the fact that the plaintiff's lawyers are located there.
3The plaintiff, however, relies on more than just the fact that the action has no real connection with Toronto in support of its request. It submits that the action should be transferred because the defendant to this point has failed to fully participate in the proceedings. The plaintiff's lawyers express the hope that moving the action closer to Kirkland Lake "will enable the defendant to participate in the within litigation and would therefore expedite the determination of the issues on their merits."
4I share that hope. But the Superior Court located closest to Kirkland Lake is not in North Bay. It is in Haileybury. Transferring the matter to North Bay, as requested, will not serve to satisfy the basis upon which the motion has been brought as fully as will transferring it to Haileybury. I have conferred with the Regional Senior Judge of the Toronto region, and he agrees.
[5]
Disposition
For these reasons, the plaintiff's request to transfer is granted, but the matter will be transferred to Haileybury, and not to North Bay.
[6]
Costs
The plaintiff sought costs only in the event that the motion was opposed. Because it was not, no costs order will be made.
M. G. Ellies R.S.J.
Date: March 6, 2020