The plaintiff, an Ontario resident, was injured in a motor vehicle accident in Alberta involving Alberta residents.
He returned to Ontario, where he received medical treatment and suffered ongoing damages.
He sued the defendants in Ontario, serving them outside the jurisdiction under Rule 17.02(h).
The defendants moved to stay the action, arguing the rule was ultra vires and that Ontario lacked jurisdiction or was forum non conveniens.
The Court of Appeal dismissed the appeal, holding that Rule 17.02(h) is procedural and constitutional.
The court established an eight-factor test for determining whether a real and substantial connection exists to assume jurisdiction over out-of-province defendants, concluding that jurisdiction was properly assumed and Ontario was the appropriate forum.
