The appellants appealed a decision staying their action on an insurance policy on the basis of forum non conveniens.
They argued the motions judge failed to consider Articles 68 and 69 of the Quebec Code of Civil Procedure, which allow an action to be instituted in the domicile of the insured.
The Court of Appeal dismissed the appeal, holding that Quebec procedural rules are irrelevant to an Ontario forum non conveniens analysis.
The court found no error in the motions judge's conclusion that the action's connection was almost entirely with Quebec.
