The appellant, a Minnesota resident injured in an Ontario motor vehicle accident, sued her Minnesota insurer in Ontario for statutory accident benefits.
The appeal turned on the effect of a power of attorney and undertaking signed under the reciprocal interjurisdictional automobile insurance scheme.
The Court of Appeal held that the undertaking required the insurer to accept service and appear in Ontario, and that the motions judge erred by failing to give effect to that agreement when granting a stay on forum non conveniens grounds.
Because a stay could deprive the appellant of the juridical advantage of Ontario statutory accident benefits, the stay was set aside and the appeal allowed.
