Vanessa Glaser

The applicant sought to set aside an order from a single judge of the Court of Appeal who had denied a motion for an extension of time to seek leave to appeal a Divisional Court decision.

The Court of Appeal reviewed the motion judge's reasons and found no error in the application of the legal test for an extension of time.

The court concluded that the motion had no merit and dismissed it, ordering costs to the respondent.

The defendants brought a motion to transfer a class action regarding alleged systemic abuse at a psychiatric facility from Toronto to Barrie.

The court applied a holistic approach to the factors under Rule 13.1.02(2)(b) of the Rules of Civil Procedure.

While Barrie had proximity to the facility and witnesses, the Regional Senior Justice noted that due to courtroom availability and backlog, a trial in Barrie might ultimately be moved elsewhere in the Central East Region.

The court concluded that Toronto's judicial resources and specialized class action judges would better ensure a just and expeditious determination.

The motion to transfer was dismissed.