In The Toronto-Dominion Bank v. The Other End Inc., although the action was not a London action, the motion for summary judgment was brought there. Justice Leach, discusses this new trend, in jurisdiction shopping, given the Court delays, and had the following to state:
There frankly seems to be little reason for such proceedings to be pursued here apart from the reality that the parties are able to do so, pursuant to the Rules of Civil Procedure, and the newfound ability of parties to have their counsel just as easily argue matters “here” in London, rather than more suitable and appropriate judicial centres, after our court has transitioned to presumptively virtual hearings. In other words, the practical constraints that formerly encouraged litigants and their counsel to pursue litigation in the appropriate forums, associated with their respective disputes, have largely disappeared.
Providing timely access to justice is an understandable concern across the province. However, potential “forum shopping” raises other concerns about justice from a broader perspective. In particular, while plaintiff counsel emphasized concerns about possible injustice to her client, our court needs to be mindful of broader concerns in that regard, including the potential injustice caused to other litigants, whose matters have clear and obvious connections with Middlesex County, having their access to justice delayed and complicated by litigants from elsewhere choosing to impose an additional inappropriate burden on the limited resources of this judicial centre and/or region, when their matters properly should be dealt with elsewhere.
Based on the above, and other reasons, the motion was adjourned.
The Courts are constantly opening up new dates for various motions and therefore, the better option would be to contact the Courthouse for your jurisdiction for new dates.