The defendant brought a motion to set aside service of a statement of claim and stay an Ontario action alleging a historical sexual assault that occurred decades earlier in Ontario.
The plaintiff resided in the Middle East and had not lived in Canada for approximately 30 years, while the defendant had resided in Manitoba since the early 1970s and had serious health issues.
Applying the real and substantial connection test and forum non conveniens principles, the court held that the connection between the claim and Ontario was insignificant and that the presence of plaintiff’s counsel in Ontario did not establish jurisdiction.
The court further determined that Manitoba was the more appropriate forum, given the defendant’s residence and health circumstances.
Service was set aside and the proceeding was stayed.
