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Core Birchcliff Ltd. Partnership et al. v. Raw Design Inc. et al.
  1. Decision on Venue Transfer (November 13, 2024):

    • The defendants successfully moved to transfer the action from Milton to the Toronto Region.
    • The court applied Rule 13.1.02(2)(b) of the Ontario Rules of Civil Procedure, considering factors like the location of events, convenience, and justice.
    • The court determined that the case had no significant connection to Milton. The project, contractual negotiations, and relevant events occurred in Toronto.
    • The plaintiffs’ argument that the transfer would delay proceedings was not persuasive.
    • Final ruling: Transfer granted, and the court directed a case conference to establish a timetable for further proceedings?.
  2. Costs Decision (November 28, 2024):

    • The court awarded costs to the defendants as the successful party in the motion for venue transfer.
    • The plaintiffs were ordered to pay $2,980 on a partial indemnity basis, reflecting the principle of proportionality and fairness?.

Final Outcome:

  • The defendants achieved success on the venue transfer motion and were awarded costs of $2,980.
  • The case will proceed in Toronto, with the next steps to be determined through a scheduled case conference.
CORE BIRCHCLIFF LIMITED PARTNERSHIP
Law Firm / Organization
Stieber Berlach LLP
BIRCHCLIFF CORE HARBOUR INC.
Law Firm / Organization
Stieber Berlach LLP
MAZENGA BUILDING GROUP LTD.
Law Firm / Organization
Stieber Berlach LLP
CORE DEVELOPMENT GROUP LTD.
Law Firm / Organization
Shibley Righton LLP
RAW DESIGN INC.
Law Firm / Organization
Shibley Righton LLP
PIERRE-ALEXANDRE LE LAY
Law Firm / Organization
Shibley Righton LLP
ROLAND ROM COLTHOFF
Law Firm / Organization
Shibley Righton LLP
Superior Court of Justice - Ontario
CV-23-00002913-0000
Civil litigation
$ 2,980
Defendant