New Practice Direction when Bringing a Motion to Transfer

There have been recent changes to the requirements that must be satisfied when bringing a motion to transfer an action under rule 13.1.02 in the Central East, Central West, Central South and Toronto Regions.

The most notable change is that counsel are no longer required to provide affidavit evidence about the availability of judges and court facilities in the county they are seeking to transfer to in order to satisfy factor (viii) under rule 13.1.02(2).  Instead, this factor is now assessed by the Regional Senior Judge (RSJ) where the motion is brought. As a result, the RSJ of the region where the motion is brought, will now read or (if necessary) hear all motions to transfer. Unless the motion to transfer is contested, the motion shall be heard in writing and filed with the court where the particular RSJ sits.

For example, a motion to transfer an action from Milton (Central West Region) to Toronto (Toronto Region) must be filed with the Brampton court as this is where the RSJ for the Central West Region sits (in this case, Justice Van Melle).

A complete summary of the changes can be found in paragraphs 47 through 51 in the consolidated practice direction linked to below:



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