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?
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?
Motions: Health of Defendant Reason to Change Venue in Small Claims Court
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