The plaintiff, Deirdre Moore, brought an action in Ontario against Dr. Paule Kemgni (a Quebec-based psychiatrist) and Jonathan Kiska (an Ontario resident).
Dr. Kemgni moved to stay the action against her, arguing that Ontario lacked jurisdiction or was not the proper forum.
The court applied the "real and substantial connection" test from Club Resorts Ltd. v. Van Breda.
It found that none of the presumptive connecting factors applied to Dr. Kemgni, as her professional activities and the alleged tortious conduct occurred entirely in Quebec, and the damages claimed from her were separate from those claimed against the Ontario-resident co-defendant.
The court distinguished Cesario v. Gondek, noting that the plaintiff's pleadings did not allege joint tortfeasors or inseparable damages.
Consequently, Ontario was found to lack jurisdiction over the action against Dr. Kemgni, and the action against her was stayed.
The court also briefly addressed forum non conveniens, concluding that Quebec would be the more appropriate forum due to the location of the defendant, her practice, applicable law, and witnesses.
