Under Ontario law, is it possible for a plaintiff bringing a wrongful dismissal civil action to change venues some time after pleadings have been filed, but before the action has been set down for trial? Assume the action was started under the Simplified Procedure (Rule 76).

Imagine a scenario where e.g. the plaintiff mitigated their damages by finding another job, so potential damages sought would be limited, ending up closer to the Small Claims Court limit (vs. when the action was first commenced).

Is a venue change to Small Claims Court in these circumstances possible? Does the Simplified Procedure specifically allow for this? If not, can the action be withdrawn and started again in Small Claims Court, and what could be the consequences of doing this?


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