The defendants brought a motion to dismiss or stay an action for want of jurisdiction, or alternatively to decline jurisdiction on the basis of forum non conveniens.
The plaintiff, a U.S. resident, commenced an action in Ontario seeking $2 million in damages for injuries sustained in a trip and fall incident at the Fairmont Banff Springs Hotel in Alberta.
The court found no real and substantial connection between Ontario and the dispute for Parks Bottom and Fairmont Banff Springs, and determined that Accor and OMERS had rebutted the presumption of jurisdiction.
The court also found that Alberta was a far more convenient forum.
The action was stayed against all defendants.
