The plaintiff, an Ontario resident injured in a bus accident in New York State, brought a motion to affirm the jurisdiction of the Ontario Superior Court.
The defendants, a Michigan trucking company and the estate of its driver, brought a cross-motion to stay the action on the basis of forum non conveniens.
While the court found it had jurisdiction simpliciter based on several connecting factors, it granted the defendants' cross-motion and stayed the action, concluding that New York was the more appropriate forum given that the accident occurred there, New York law applied, and 35 other passengers had already commenced actions in New York.
