What is the test for maintaining a public office in the city of Ottawa?
Ontario, Canada
The following excerpt is from Paul’s Hauling Ltd. v. Ontario, 2011 ONSC 3970 (CanLII):
The defendant argues that public officials should not be called away from their duties unnecessarily. In support of this submission, it cites Marshall v. Kirby, [1977] O.J. No. 1463, 5 C.P.C. 23 (H.C.J.). In that case, the court acknowledged that the public has an interest in public officers remaining at or near their place of duty, which was Ottawa. The case pre-dates the amendment of the rule. However, on the facts of that case, the court held it was a relevant but not determinative factor in light of other factors and ordered the trial to take place in Toronto.
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