The plaintiff, an Ontario resident, was struck by a motor vehicle driven by the defendant in Michigan.
The plaintiff commenced an action in Ontario against the Michigan defendant in tort and his own insurer for underinsured coverage.
The Michigan defendant moved to stay the action for lack of jurisdiction.
The court applied the real and substantial connection test and found no presumptive connecting factors linking the tort claim to Ontario.
The court also declined to apply the forum of necessity doctrine, holding that the plaintiff's failure to commence an action in Michigan before the expiry of its limitation period did not create an exceptional circumstance justifying jurisdiction.
The action against the Michigan defendant was stayed.
