The Plaintiffs brought a motion to transfer a pending application from the Waterloo Region to the Commercial List in Toronto and consolidate it with an existing action.
The court granted the motion, finding that both proceedings involved an overlapping factual matrix, common transactions, and a significant risk of inconsistent findings if determined separately.
The decision emphasized the principles of avoiding multiplicity of proceedings, preventing inconsistent judicial decisions, preserving scarce judicial resources, and saving costs for the parties.
The court also awarded partial indemnity costs to the Plaintiffs.
