In two tort actions arising from serious injuries and death at resort properties in Cuba, the corporate defendant challenged Ontario jurisdiction and sought stays based on forum non conveniens.
The Court clarified the real and substantial connection framework by reaffirming presumptive connecting factors, including carrying on business in the province and making a contract in the province connected to the dispute.
It held that jurisdiction was properly assumed in both proceedings and that the defendant failed to rebut the presumptions.
The Court also held the defendant did not establish that the foreign forum was clearly more appropriate.
Both appeals were dismissed with costs, except as to two respondents in one file.
