The plaintiff was an Ontario resident when he was injured by a Michigan resident, in Michigan. The plaintiff sued the defendant in Ontario, and did not initiate any proceedings in Michigan. The defendant brought a motion to dismiss or stay the action against her on the grounds of want of jurisdiction or, alternatively on the grounds that Ontario was not the convenient forum. Justice Hebner granted the defendant’s motion and stayed the proceeding on the grounds that Ontario courts lacked jurisdiction to hear the matter. The defendant had no connection to Ontario, the tort did not occur in Ontario, and there was no contract between the parties to which Ontario law would apply. Justice Hebner rejected the plaintiff’s argument that the doctrine of necessity applied because the limitation period had expired in Michigan as of the time of the motion.
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