Should I Bring A Change Of Venue Motion?

There has been some confusion in recent case law as to the proper test to be applied on a change of venue motion.  It is clear that the starting point for where an action can be commenced is straightforward: the plaintiff can commence their action in any county they wish.  However, a defendant can bring a motion seeking to change the venue and Rule 13.1.02 provides a list of factors to be considered on such motions.  Two different approaches have emerged in the case law:

1. The Siemens approach which is named for the Superior Court of Justice decision in Siemens Canada Ltd. v. Ottawa (City) [2008] O.J. No. 3740 (S.C.J.).  This approach provides a two-step process in which the court will first ask a threshold question, namely whether the place selected by the plaintiff has a rational connection to the parties or the action.  If so, the Court will then proceed to analyze the factors set out in Rule 13.1.02.