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Change of venue denied; proposed forum not significantly better than plaintiff’s chosen venue.
A third party brought a motion to change venue from Toronto to Chatham in litigation arising from damage to telecommunications infrastructure.
The court considered the factors under Rule 13.1.02(2) of the Rules of Civil Procedure, including convenience of witnesses, location of the damage, and community interest.
Although some witnesses and the incident location were in Chatham, many damages witnesses and counsel were located in Toronto and the plaintiff had chosen Toronto as the forum.
The moving party failed to establish that the proposed venue was significantly better than the plaintiff’s chosen forum.
The motion to change venue was dismissed with costs.
