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ARTICLE · 12 JUNE 2014

Change Of Venue: A Holistic Approach

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Access to justice is a recurring theme. Considerable resources are allocated to assist in improving access to our courts on a timely basis.

CanadaLitigation, Mediation & Arbitration
Kevin Ross
Kevin Ross
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Access to justice is a recurring theme. Considerable resources are allocated to assist in improving access to our courts on a timely basis. And yet our trial lists are long and our wait time for civil trials is growing. It is not surprising that inventive counsel are seeking creative ways to expedite the process. Increasingly, much more thought is being given to naming the place of trial. Similarly, motions for change of venue are in vogue as lawyers jockey for a jurisdictional advantage.

It is therefore timely that the Divisional Court has released a decision which reviews the principles applicable to motions for change of venue, outlines factors the court should consider in the exercise of its discretion and informs us that, in the end, the correct approach is a holistic one.

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