The appellant, an Ontario resident, sued for injuries caused by falling ice from premises in Quebec owned by the respondent.
The motion judge stayed the action for lack of jurisdiction simpliciter, finding no real and substantial connection with Ontario.
The Court of Appeal upheld the stay, agreeing that the appellant's financial position and ongoing damages in Ontario were insufficient to establish jurisdiction.
However, the Court granted leave to appeal costs, finding the motion judge's award disproportionate, and reduced the costs award by half.
