The plaintiffs, Ontario residents, brought an action in Ontario for damages arising from a slip and fall at the defendant's hotel in Quebec.
The defendant moved to stay or dismiss the action, arguing lack of jurisdiction simpliciter and forum non conveniens.
The motion judge dismissed the motion.
On appeal, the Court of Appeal upheld the finding of jurisdiction simpliciter but found the motion judge erred in applying the forum non conveniens test by conflating it with the jurisdiction test and failing to consider all relevant factors.
Applying the factors from Muscutt v. Courcelles, the Court concluded that Quebec was clearly the more appropriate forum.
The appeal was allowed and the action stayed.
