The appellants, Ontario residents, brought an action in Ontario against a Tennessee corporation for injuries sustained in a slip and fall at the respondent's restaurant in New York.
The respondent moved to stay the proceedings on jurisdictional grounds.
The Court of Appeal applied the factors from the companion case of Muscutt v. Courcelles and held that Ontario courts could not assume jurisdiction over the out-of-province respondent, as the real and substantial connection test was not met and assuming jurisdiction would violate principles of order and fairness.
The appeal was dismissed.
