An Ontario plaintiff injured while visiting New York commenced an Ontario action against the New York driver and her own insurer under the OPCF 44R underinsured motorist coverage.
The insurer asserted a cross‑claim for indemnity against the driver.
The driver moved to permanently stay the claim and cross‑claim for lack of jurisdiction simpliciter and alternatively on forum non conveniens grounds.
Applying the framework in Club Resorts Ltd. v. Van Breda, the court held that none of the recognized presumptive connecting factors for tort jurisdiction were present, as the defendant resided in New York, carried on no business in Ontario, and the accident occurred in New York.
The insurer’s argument that the driver was a necessary party to its cross‑claim did not create a presumptive connecting factor.
The Ontario action and cross‑claim were permanently stayed.
