The defendant brought a motion to stay an Ontario negligence action arising from injuries allegedly sustained at a hotel in Alberta.
The plaintiffs argued Ontario had jurisdiction simpliciter or alternatively should assume jurisdiction under the forum of necessity doctrine because the Alberta limitation period had expired.
Applying the principles from Club Resorts Ltd. v. Van Breda, the court found no presumptive connecting factors establishing a real and substantial connection to Ontario.
The defendant corporation was domiciled and carried on business in Alberta, and the alleged tort occurred there.
The court held that the expiry of the limitation period in Alberta did not justify invoking the narrow forum of necessity doctrine and stayed the Ontario action.
