The plaintiffs sought damages and declarations against multiple defendants, including Akzo Nobel N.V. (NV), for environmental contamination at 65 Heward Avenue, Toronto.
NV, a Netherlands corporation, moved under Rule 21.01(3)(a) to dismiss the action against it for lack of jurisdiction, arguing no real and substantial connection to Ontario.
The court found that the plaintiffs failed to establish any presumptive connecting factors (domicile, carrying on business, tort committed, or contract made in Ontario) linking NV to the province.
The court rejected the group enterprise theory and the argument that assuming liabilities or providing indemnities constituted carrying on business in Ontario for jurisdictional purposes.
Consequently, the claim against Akzo Nobel N.V. was stayed/dismissed.
