The moving party, a resident of the Netherlands, brought a motion to stay or dismiss a third-party claim against him, set aside service, and require the action to be commenced in the Netherlands or Ireland.
The claim arose from a loan agreement governed by the laws of the Netherlands.
The court applied the Van Breda test and found no real and substantial connection between Ontario and the third-party claim, as the contract was made and performed outside Ontario and the moving party had no ties to the province.
The court also concluded that the Netherlands was the more appropriate forum and set aside the service ex juris under Rule 17.02.
The motion was granted and the third-party claim was dismissed.
