Rule 6 – Forum and Jurisdiction

Place of Commencement and Trial

6.01 (1) An action shall be commenced,

(a) in the territorial division,

(i) in which the cause of action arose, or

(ii) in which the defendant or, if there are several defendants, in which any one of them resides or carries on business; or

(b) at the court’s place of sitting that is nearest to the place where the defendant or, if there are several defendants, where any one of them resides or carries on business.  O. Reg. 78/06, s. 8 (1).

(2) An action shall be tried in the place where it is commenced, but if the court is satisfied that the balance of convenience substantially favours holding the trial at another place than those described in subrule (1), the court may order that the action be tried at that other place.  O. Reg. 78/06, s. 8 (1).

(3) If, when an action is called for trial or settlement conference, the judge finds that the place where the action was commenced is not the proper place of trial, the court may order that the action be tried in any other place where it could have been commenced under this rule.  O. Reg. 78/06, s. 8 (1).

6.02 A cause of action shall not be divided into two or more actions for the purpose of bringing it within the court’s jurisdiction.  O. Reg. 258/98, r. 6.02.

6.03 Revoked:  O. Reg. 78/06, s. 8 (2).