The Applicant successfully applied to transfer the Action from Edmonton to the Judicial Centre of Grande Prairie. Michalyshyn J. held that “the balance of changes from the previous rules to the whole of Rule 3.3 … are of no consequence”. Accordingly, jurisprudence decided under the old rules is relevant to the determination of an Application under Rule 3.3.

The Court determined that Grande Prairie was the appropriate Judicial Centre. Although the Plaintiffs had offices in St. Albert, the evidence established that both parties had offices in Grande Prairie and High Prairie, which was where the disputed contracts were signed and where they were to be performed. Michalyshyn J. held that the issues raised by the Action and the relationship between the parties in respect of those issues favoured the Judicial Centre of Grande Prairie. Although the Plaintiff carried on business in other locations, the place of business nearest to the location at which the matters in issue arose or were transacted was Grande Prairie.