The Court considered whether Ontario could assume jurisdiction over third party professional-negligence claims brought against Quebec law firms in a national class action context.
The majority held that a real and substantial connection existed under Van Breda’s fourth presumptive connecting factor because the Wind-Down Agreements were made in Ontario and were sufficiently connected to the negligence claims.
The Court further held that Quebec was not clearly a more appropriate forum and declined to apply forum non conveniens.
The appeal was dismissed with costs, with dissenting reasons concluding Ontario lacked jurisdiction over the Quebec firms and would have allowed the appeal.
