The defendant insurer moved to transfer a motor vehicle accident action from Toronto to Oshawa and to restore the action to the trial list.
Although the accident occurred near Clarington and the plaintiffs resided east of Oshawa, the parties' experts and most witnesses were based in the Toronto area, and counsel were located in Toronto and Milton.
Applying the holistic venue transfer analysis under Rule 13.1.02, the court held that Toronto offered cost savings and efficiencies and that Oshawa was not significantly better.
The action was restored to the trial list on consent, and the transfer motion was denied.
