Ontario Superior Court transfers motor vehicle accident cases from North Bay to Ottawa

The accused opposed the court's plan to move the case to Ottawa, arguing that the move without a formal request would be procedurally improper and would unreasonably increase costs for himself and the witnesses. Hotels in Ottawa are more expensive than those in North Bay, the accused added.

Case transferred to Ottawa

In Lounds against Lounds2024 ONSC 4709, the Ontario Superior Court of Justice issued a decision finding that it was in the best interests of justice to transfer both civil actions to Ottawa. The court exercised its discretion under R. 2.03 of the Rules of Civil Procedure, RRO 1990, Reg. 194, which allowed it to waive procedural requirements in the interests of justice.

The court cited the limited availability of judges in North Bay, a region that has been severely affected by a surge in criminal cases since the COVID-19 pandemic was declared in 2020, as the reason for the transfer. Despite the recent appointment of a judge in the region, one judge's vacancy has remained vacant for over a year and a half, the court said.

Criminal cases have priority due to the decision of the Supreme Court of Canada in R. v Jordan2016 SCC 27, which prescribes strict time limits for the resolution of criminal cases, the court noted. As a result, regions with scarce judicial resources such as North Bay have experienced delays in civil cases such as those at issue here, the court added.

In this case, the Court found that a formal application would be an unnecessary formality in the circumstances and that the plaintiffs in both proceedings had consented to the transfer.