The plaintiff was in a motor vehicle accident while a passenger in his brother’s vehicle in Alberta. The plaintiff ordinarily resided in Ontario and his brother resided in Alberta. The plaintiff commenced an action for damages arising from personal injuries in Ontario. The defendant brother brought a motion to stay the action, arguing that Ontario had no jurisdiction over the dispute. Justice McArthur granted the defendant’s motion and stayed the action, holding that Ontario courts did not have jurisdiction. Alberta was the presumptive jurisdiction for this matter, and the plaintiff failed to prove that Alberta would be an inappropriate jurisdiction to litigate the action. Justice McArthur also rejected the plaintiff’s argument that the defendant had attorned to Ontario courts by filing a Notice of Intent to Defend, Jury Notice, and Statement of Defence. Aside from those filings, the defendant acted quickly to have the issue of jurisdiction addressed (it was also pled in the defence).
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