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.