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  1. #1
    Join Date
    Jul 2019
    Posts
    2

    Default Health of Defendant Reason to Change Venue in Small Claims Court

    My question involves court procedures for the province of British Columbia, but US states will also be useful.
    Do there exist 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?

  2. #2
    Join Date
    Oct 2016
    Posts
    3,054

    Default Re: Health of Defendant Reason to Change Venue in Small Claims Court

    This forum deals in US law only. If your case is in Canada US laws or court decisions aren't going to help you in the least.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,968

    Default Re: Health of Defendant Reason to Change Venue in Small Claims Court

    Quote Quoting QAF
    View Post
    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?
    Why wasn't the defendant sued where he lives in the first place?

  4. #4
    Join Date
    Jul 2019
    Posts
    2

    Default Re: Health of Defendant Reason to Change Venue in Small Claims Court

    Quote Quoting adjusterjack
    View Post
    Why wasn't the defendant sued where he lives in the first place?
    Because the plaintiffs brought the action in the location closet/most convenient to themselves, saying that's where the damage occurred.

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