Motion to Transfer Jurisdiction: What You Need to Know
Hi Everyone, it's Kristy from Clearly Legal.
Let's chat about Motions to Transfer.
A transfer motion can look simple on the surface. One courthouse is more practical than another, so the litigation should move there, right? Not quite.
Even when the transfer makes sense, you still need to explain why the action or application should move.
A motion to transfer is about moving the litigation to another court location
When people say “motion to transfer jurisdiction,” they are talking about moving a litigation from one courthouse location to another.
That might mean moving a proceeding from Toronto to Barrie, from one regional court centre to another, or from a location that no longer makes sense to one that better fits the parties, witnesses, evidence, or overall conduct of the file.
A Motion to Transfer needs to be supported by reasons. The moving party has to show why the requested court location is appropriate.
Common reasons may include:
The parties live closer to the proposed courthouse
Key witnesses are located in or near the proposed region
The events at issue happened closer to the proposed location
Related proceedings are already being managed there
The chosen location would reduce unnecessary travel or expense
The current location was selected in error or is no longer practical
The motion must be brought in writing first
At the moment, these motions are generally brought in writing first. The regional senior judge's office decides if an oral hearing is needed.
A written motion does not always end with an order granting permission. If the court decides that an oral hearing is needed, the office of the regional senior judge will schedule it.
Bring the motion in the court location you want to move to
The motion must be brought in the court location to which the moving party wants the litigation transferred. If the moving party wants the litigation moved to Barrie, the motion is brought in Barrie.
This procedure matters because the receiving region is being asked to accept and manage the file. The court location being asked to take the litigation should be the one dealing with the transfer request.
Before finalizing the materials, review Rule 13.1.02(2). Also check whether there are any current rule amendments, rule review updates, regional practice directions, or notices to the profession that affect the process.
I’ve clerked motions to transfer from start to finish. Lawyers, if you want to learn how my clerking skills can save you time and money in your legal matters, contact me at kristy@clearlylegal.ca and we'll chat.
Disclaimer: This post provides general information about alternative service of legal documents from a law clerk. It is not legal advice. For advice specific to your situation, please consult a lawyer or active licensed paralegal
