Plaintiffs involved in a motor vehicle accident in New York and a second accident in Ontario commenced a single action in Ontario against multiple defendants, including the New York drivers, an Ontario driver from the second accident, and their Ontario insurer under an underinsured motorist provision.
The New York defendants moved to stay the action for lack of jurisdiction, relying on the presumptive connecting factors identified in Club Resorts Ltd. v. Van Breda.
The court held that where multiple defendants are sued and at least one is domiciled or resident in Ontario, a real and substantial connection exists allowing Ontario courts to assume jurisdiction over the entire dispute.
Splitting the litigation into separate proceedings across jurisdictions would undermine fairness and efficiency.
The motion to stay for lack of jurisdiction was dismissed.
