What factors must be considered when deciding whether to transfer a defendant to a different court?
Ontario, Canada
The following excerpt is from Whan v. Hicks, 2013 ONSC 6141 (CanLII):
Counsel for the defendant states that Ewing is arguably wrongly decided, as the case law requires that each factor is to be given equal importance in determining whether a transfer is desirable in the interest of justice, whereas Vallee J. seemed to focus only on the issue of delay. While a delay in obtaining a trial date can carry substantial weight in the balancing exercise, all factors must still be balanced: Sauve v. Tavares, [2012] O.J. No. 2148 (S.C.J.).
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