The appellant, an Ontario resident, was injured in a motorcycle accident in British Columbia while a passenger on a motorcycle driven by an Alberta resident.
The appellant sued the driver, his insurer, and her own Ontario insurer in Ontario.
The driver successfully moved to stay the action against him for lack of jurisdiction.
On appeal, the appellant argued her Ontario insurance contract, which required her to sue her insurer in Ontario, was a presumptive connecting factor giving Ontario jurisdiction over the entire dispute.
The Court of Appeal dismissed the appeal, affirming that an insurance contract is not a presumptive connecting factor over an extra-provincial tortfeasor, and declined to apply the forum of necessity doctrine as the appellant could pursue her claim in British Columbia.
