Victory to the Ontario Plaintiff
Recently we were successful in defending the motion brought by the New York residents to stay or dismiss the action against them in the province of Ontario. Our client, the Plaintiff, resides in Ontario and was involved in a motor vehicle accident in the State of New York, USA. Few months later he was involved in another motor vehicle accident in the province of Ontario and brought an action for his injuries and losses in the province of Ontario.
Court recognized that it is just and fair to force the Defendants residing in New York to defend an action in Ontario court where all other parties and co-defendants were located within the province of Ontario. To do otherwise, the plaintiff could be forced to litigate three separate actions; one of which would be heard in the State of New York and two of which would be heard in the Province of Ontario. Such a situation would, adopting the language of the seminal decision of the Supreme Court in Van Breda, “breach the principles of fairness and efficiency on which the assumption of jurisdiction is based”.
The full text of the decision you can find at: http://www.canlii.ca/en/on/onsc/doc/2012/2012onsc4563/2012onsc4563.html