The plaintiffs were involved in two motor vehicle accidents, one in Georgia and one in Ontario.
They commenced a single action in Ontario against all defendants.
The defendants involved in the Georgia accident, who resided in the United States, brought a cross-motion to dismiss the action against them for lack of jurisdiction.
The court found that none of the presumptive connecting factors from Van Breda applied to the Georgia defendants.
The court declined to recognize a new connecting factor based solely on the presence of an Ontario co-defendant for a separate accident.
The action against the Georgia defendants was dismissed for lack of jurisdiction.