November 13, 2024 (2024 ONSC 6277)

• Context: Plaintiffs (Core CMCC Clonmore Limited Partnership and Core Development Group Ltd.) opposed a motion by Defendants (Raw Design Inc. and associated individuals) to transfer the case venue from Milton to Toronto.
• Key Findings:
  • The court ruled in favor of transferring the venue to Toronto.
  • The reasoning included:
    • The project, events, and alleged omissions central to the dispute occurred in Toronto.
    • Both parties and their counsel are primarily based in Toronto.
    • Milton has no substantial connection to the case.
  • The judge directed a case conference to set a procedural timetable for the proceeding.
• Outcome: The defendants’ motion to transfer the case was granted.

November 28, 2024 (2024 ONSC 6654)

• Context: Following the November 13 ruling, the court considered cost submissions from both parties.
• Key Findings:
  • Costs awarded were based on Rule 57 (costs proportionality) and the principle from Boucher v. Public Accountants Counsel.
  • The court ordered the plaintiffs to pay defendants $2,980.00 in partial indemnity costs within 60 days.
  • Costs were deemed reasonable given the complexity of the motion and outcome.

Final Outcome

• For the Defendants:
  • Successful in their motion to transfer the venue.
  • Awarded partial indemnity costs of $2,980.00.
• For the Plaintiffs:
  • Their opposition to the motion was denied.
  • Responsible for paying the awarded costs.