The plaintiffs commenced an action in Ontario for damages arising from a motor vehicle accident in Michigan.
The defendant delayed bringing a motion to dismiss for want of jurisdiction until after the Michigan limitation period had expired.
The motion judge dismissed the defendant's motion, relying on the forum of necessity exception to the real and substantial connection test, citing fairness and access to justice.
The Court of Appeal dismissed the defendant's appeal, finding that the motion judge did not err in exercising his residual discretion to assume jurisdiction given the unique circumstances, including the defendant's delay and changes in the law regarding jurisdiction that occurred after the action was commenced.
