Teresa Tomchak

The defendants brought a motion to transfer a securities class action from Windsor to Toronto under Rule 13.1.02 of the Rules of Civil Procedure.

The plaintiffs alleged misrepresentations in a prospectus related to the financing of a workforce accommodation complex.

The court conducted a holistic balancing of the factors under Rule 13.1.02(2).

Although the plaintiffs' choice of venue was deemed reasonable, the court found that Toronto was a significantly better venue because a substantial part of the damages were sustained there, the subject matter was more closely connected to Toronto, and it was more convenient for the parties, counsel, and witnesses.

The motion for a change of venue was granted.

The defendants in a securities class action brought a motion to transfer the proceeding from Windsor to Toronto.

The plaintiffs opposed the transfer.

The court considered the factors under Rule 13.1.02 of the Rules of Civil Procedure.

While the plaintiffs' choice of venue was found to be reasonable, the court concluded that the defendants established that Toronto was a significantly better venue, given that a substantial part of the damages were sustained there, the subject matter was located there, and it was more convenient for the parties, witnesses, and counsel.

The motion for a change of venue was granted.