Is a plaintiff’s right to choose the location and registry for the trial?
British Columbia, Canada
The following excerpt is from C.C.R. v. T.A.R., 2014 BCSC 620 (CanLII):
In Cooper v. Lynch, 2009 BCSC 1317, Mr. Justice Barrow noted that the plaintiff “has the right to control the course of the litigation,” a right which extends to choosing the location and registry for the trial. While that right is not absolute, and the Rules do permit the defendant to apply for transfers, “overriding the plaintiff’s decision as to the course of the litigation … is only to be done where the “great preponderance” of convenience supports doing so” (para. 10). The balance of convenience is generally assessed by looking at the witnesses involved and the expenses of attendance.
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