The moving party sought to set aside service of a statement of claim served outside Ontario or, alternatively, a stay of the action.
The claim arose from a motor vehicle accident that occurred in Pennsylvania involving a Pennsylvania resident defendant and an Ontario resident plaintiff.
The court considered the requirements for service ex juris under Rule 17.02 of the Rules of Civil Procedure and the real and substantial connection test as articulated in Van Breda v. Village Resorts Ltd. The court found the plaintiff failed to establish a sufficient connection between the defendant and Ontario and provided inadequate evidence of damages or Ontario-based witnesses.
Service outside Ontario was therefore set aside.
