The plaintiff, an Ontario resident, was injured in a motor vehicle accident in Alberta while a passenger in a vehicle driven by the defendant, an Alberta resident.
The plaintiff commenced an action in Ontario.
The defendant brought a motion to stay or dismiss the action on the basis that Ontario lacked jurisdiction.
The court applied the Van Breda framework and found no presumptive connecting factors to Ontario, as the tort occurred in Alberta and the defendant resided there.
The court also rejected the plaintiff's argument that the defendant had attorned to Ontario's jurisdiction by filing a statement of defence, noting the defendant consistently challenged jurisdiction.
The action was stayed.
