Court of Appeal for Ontario

CITATION: Oliveira v. Manitoba Public Insurance Corporation, 2009 ONCA 435

DATE: 20090526

DOCKET: C49947

Goudge, Gillese and Watt JJ.A.

BETWEEN:

Arlindo Oliveira

Plaintiff (Appellant)

and

Manitoba Public Insurance Corporation

Defendant (Respondent)

Counsel:

Michael A. Handler, for the appellant

John Philip, for the respondent

Heard and endorsed orally: May 22, 2009

On appeal from the order of Justice Alison Harvison Young of the Superior Court of Justice dated December 29, 2008.

APPEAL BOOK ENDORSEMENT

[1] While the expiry of a limitation period can constitute the loss of a judicial advantage that may tip the scales in a forum conveniens debate, before us the respondent undertakes not to raise this issue should the matter proceed in Manitoba within 60 days of this decision. We are satisfied that this removes this consideration from the analysis as to the other factors relevant to forum convenienes, the motion judge carefully analyzed and weighed them. We agree with her determination that Manitoba is the proper forum and the Ontario proceeding should be stayed. Appeal is dismissed. Costs to the respondent fixed at $2,000.