The moving defendants sought a stay of an Ontario action arising from injuries allegedly sustained during a horseback riding excursion in Jamaica.
The plaintiffs did not attend the motion or file responding materials.
Applying the jurisdictional framework from Club Resorts Ltd. v. Van Breda, the court held that the foreign hotel and excursion operators lacked the necessary presumptive connecting factors to Ontario.
Although one defendant carried on business in Ontario, the presumption of jurisdiction was rebutted because the defendant had no involvement in the excursion where the injury occurred.
Alternatively, the court held that Jamaica was clearly the more appropriate forum under the doctrine of forum non conveniens.
