The defendant brought a motion to dismiss or stay the plaintiff's action, arguing that the Ontario Superior Court lacked jurisdiction or, alternatively, that Quebec was the more appropriate forum (forum non conveniens).
The court found that Ontario did have jurisdiction based on presumptive connecting factors, including the defendant carrying on business in Ontario and the insurance policy being issued there.
In assessing forum non conveniens, the court weighed the factors from Club Resorts Ltd. v. Van Breda, noting that while the plaintiff resided in Quebec and some defendant employees were there, key plaintiff witnesses were in Ottawa, Ontario.
The court also considered Ontario's mandatory mediation rule as a potential juridical advantage for the plaintiff.
Ultimately, the court concluded that the defendant failed to discharge its onus to show that Ontario was forum non conveniens, and therefore, the motion was dismissed.
