Tricia McAvoy

Three sets of defendants brought motions for summary judgment to dismiss the plaintiffs' claims arising from a 30-vehicle winter highway pileup.

The court granted the motion for one defendant (Seney), finding his vehicle was far removed from the main collision and did not contribute to the plaintiffs' injuries.

However, the court dismissed the motions for the other two defendants (Gill and McCallum), holding that while the case against them was not strong, granting partial summary judgment posed a significant risk of inconsistent verdicts at trial, as a jury could still apportion liability to them for allegedly blocking escape routes.

The appellants, Ontario residents, were injured during an excursion tour while vacationing in Costa Rica.

They brought an action in Ontario against several defendants, including the Costa Rican company that sold the excursion.

The Costa Rican company successfully moved to stay the action on the basis that Ontario courts lacked jurisdiction and, alternatively, that Costa Rica was the more convenient forum.

The Court of Appeal applied the real and substantial connection test and the principles of order and fairness, concluding that the Ontario courts could not assume jurisdiction over the foreign defendant.

The appeal was dismissed.