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Ontario declined jurisdiction over the New York accident claim.
The defendant estate moved to stay or dismiss an Ontario action arising from a New York motor vehicle accident for lack of jurisdiction.
Applying the presumptive connecting factors in Van Breda, the court held that none of the recognized factors connected the dispute to Ontario, and declined to recognize a new factor based on the existence of a separate Ontario action arising from an earlier accident.
The court distinguished authority involving multiple defendants with Ontario connections and held that the defendant estate had no real relationship with Ontario.
The forum of necessity doctrine was also rejected because the plaintiff could have commenced a timely New York action before the limitation period expired.
The action was dismissed for lack of jurisdiction, with partial indemnity costs to the defendant.
Appeal dismissed; insured failed to establish eligibility for income replacement benefits within 104 weeks of accident.
The appellant appealed an arbitrator's order precluding her from proceeding with claims for income replacement benefits (IRBs) due to missing the two-year limitation period and failing to comply with notification obligations.
The Director's Delegate dismissed the appeal, finding that the appellant never met the eligibility criteria for IRBs because she continued working for more than five years after the accident and did not suffer a substantial inability to perform her essential tasks within 104 weeks.
Applying binding Court of Appeal precedent, the Delegate confirmed that an insured must establish eligibility within the first 104 weeks to qualify for benefits beyond that period.
