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QAF

Health Reasons to Move Venue in Small Claims Court

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Are there precedents where the defendant's inadvisability to travel for health reasons was used in a successful motion to change venue? The balance of convenience test in Rule 13.1.02(2) is mainly used to weigh inconvenience/cost of using one location vs. another. But if traveling to a distant location exposes the defendant to a potentially life-threatening health complication, can that override cost considerations and argue for moving the venue to where the defendant lives and works? 

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On 7/20/2019 at 2:10 PM, QAF said:

Are there precedents where the defendant's inadvisability to travel for health reasons was used in a successful motion to change venue?

 

Precedent in what state?

 

 

On 7/20/2019 at 2:10 PM, QAF said:

The balance of convenience test in Rule 13.1.02(2) is mainly used. . . .

 

Since you didn't identify the state, your reference to "Rule 13.1.02(2)" is meaningless.

 

If you post a follow up, you should also explain what the defendant's condition is that makes it "inadvisable" to travel.

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This is a case in SCC in BC. I'm the defendant, prone to epileptic seizures under stress. I suffered two grand mal seizures on the date of a settlement conference already, one at the outset of the event. The plaintiffs brought the case where they live. which is a whole day's travel from my end of the province and would take me away from my medical support network. 

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You will need to find a Canadian forum or alternately ask a Canadian lawyer. US law will not help you (and US law varies by state).


Before you ask, I don't know of any Canadian forums, but I'll bet Google does.

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