Nick Galanis

The appellants appealed an order staying their action against an Alberta hotel corporation for lack of a real and substantial connection to Ontario.

The Court of Appeal upheld the motion judge's finding that none of the presumptive connecting factors were met.

The court also rejected the appellants' argument that Ontario should assume jurisdiction under the forum of necessity doctrine due to the expiry of the Alberta limitation period, noting the appellants made a tactical decision not to sue in Alberta.

The appeal was dismissed.

The defendants moved for an order compelling the plaintiff in a motor vehicle personal injury action to undergo a further orthopaedic examination.

Applying the necessity, fairness and prejudice framework governing further defence medical examinations, the court held the evidentiary record did not establish a legitimate need for another assessment.

The defendants had already obtained a physiatry assessment addressing causation, impairment and prognosis, and failed to show a material change in condition after that defence assessment.

The motion was denied, and costs were awarded to the plaintiff on a partial indemnity scale.