In this collection matter, the defendants brought a motion pursuant to Rule 13.1.02 to transfer the action from London to Toronto. The plaintiff ultimately consented to the relief sought.
Justice Firestone granted the motion. The action lacked any rational connection to London. The corporate defendant is a film and production company based in Toronto. The individual defendant is the principal of the corporate defendant, and resides in Toronto. The plaintiff’s head office is in Toronto. All dealings between the parties occurred in Toronto. Plaintiff’s counsel is based in Vaughan and defence counsel is based in Toronto. Justice Firestone noted that while plaintiffs are generally entitled at first instance to choose where they commence proceedings, their choice must be informed and reasonable. Forum shopping is never appropriate.