The appellant, a refugee in Canada, sued his former Kuwaiti employers and others for damages arising from alleged torture and conspiracy in Kuwait.
The motion judge stayed the action for want of jurisdiction, finding no real and substantial connection to Ontario and declining to apply the forum of necessity doctrine.
The Court of Appeal dismissed the appeal, holding that the motion judge made no error in principle and his discretionary decision, based on a lack of cogent evidence supporting the appellant's claims of exceptional circumstances, was entitled to deference.
