The appellants, out-of-province resort operators, appealed decisions dismissing their motions to stay or dismiss personal injury actions for want of jurisdiction.
The Court of Appeal convened a five-judge panel to reconsider the Muscutt test for assumed jurisdiction.
The Court modified the Muscutt test by elevating the weight given to Rule 17.02 of the Rules of Civil Procedure, creating a presumption of a real and substantial connection for most of its subrules.
The Court also collapsed the fairness factors and clarified the distinction between jurisdiction simpliciter and forum non conveniens.
Applying the revised test, the Court found a real and substantial connection between Ontario and the appellants in both cases and upheld the motion judges' decisions that Ontario was the appropriate forum.
