DATE: 20040511

DOCKET: C41020

COURT OF APPEAL FOR ONTARIO

RE:

NAVIN JOSHI (Appellant/Plaintiff) – and – CITY OF SASKATOON, CROWN IN RIGHT OF SASKATCHEWAN AND CROWN IN RIGHT OF CANADA (Respondents/Defendants)

BEFORE:

BORINS, SHARPE and JURIANSZ JJ.A.

COUNSEL:

Navin Joshi

appearing in-person

David S. Wilson

for the respondents

HEARD & ENDORSED:

May 10, 2004

On appeal from order of Justice Blenus Wright of the Superior Court of Justice dated September 25, 2003.

A P P E A L B O O K E N D O R S E M E N T

[1] Assuming, without deciding, that the Superior Court of Ontario is a court of competent jurisdiction within the meaning of s. 24(1) of the Charter, the appellant’s claim has no real and substantial connection with the province of Ontario. The only connection is that the plaintiff now resides in Ontario, and this factor, without more, is not sufficient to give the Ontario Superior Court jurisdiction – see Muscutt at para. 79. In any event, on the basis of the record the Saskatchewan Court of Queen’s Bench is the convenient forum in which to litigate the appellant’s claim.

[2] Accordingly, the appeal is dismissed with costs on a partial indemnity basis fixed at $5,000, inclusive of disbursements and GST.