The defendant brought a motion under Rule 21.01(3) of the Rules of Civil Procedure to dismiss an Ontario action alleging fraud and misconduct in French estate litigation.
The plaintiffs claimed damages arising from the defendant lawyer’s conduct before a French court concerning administration of an estate located in France.
Applying the jurisdiction simpliciter framework from Club Resorts v. Van Breda, the court examined whether any presumptive connecting factors tied the dispute to Ontario.
The court found that the defendant was not resident in Ontario, did not carry on business in the province, committed no tort in Ontario, and had no contract connected with the dispute in Ontario.
As none of the presumptive connecting factors were established, Ontario lacked jurisdiction over the dispute and the action was dismissed.
