The moving defendants sought to set aside a noting in default and dismiss or stay an Ontario action arising from a motor vehicle collision in Pennsylvania on the basis that Ontario lacked jurisdiction and that Pennsylvania was the more appropriate forum.
Applying the framework in Club Resorts Ltd. v. Van Breda, the court held that a real and substantial connection existed because one alleged joint tortfeasor was resident in Ontario and the plaintiff claimed inseparable damages against multiple defendants.
The court further held that the moving defendants failed to demonstrate that Pennsylvania was clearly the more appropriate forum under the doctrine of forum non conveniens, particularly given that most witnesses and the plaintiff’s damages evidence were located in Ontario.
The motions to dismiss or stay the action were therefore dismissed, although the noting in default against the moving defendants was set aside on consent.
