The plaintiffs, Ontario residents, were involved in a motor vehicle accident in New York with the defendants, who were New York residents.
The plaintiffs commenced an action in Ontario against the New York defendants and their own insurer.
The New York defendants successfully moved to stay the action for lack of jurisdiction.
On appeal, the Court of Appeal applied the real and substantial connection test and the eight factors from Muscutt v. Courcelles.
The court concluded that assuming jurisdiction over the out-of-province defendants for a foreign accident would violate principles of order and fairness, and dismissed the appeal.
