The Court Of Appeal’s Most Recent Comment On Jurisdictional Issues

In Tamminga v. Tamminga [2014 ONCA 478], the Court of Appeal considered whether an Ontario resident, who was injured after falling off a truck in Alberta, could maintain a claim in Ontario. Both owners of the truck were located in Alberta. The Plaintiff also named her own automobile insurer in the claim pursuant to the uninsured/underinsured motorist provisions.

The issue before the Court of Appeal was whether Ms. Tamminga's own insurance contract was a "sufficient presumptive connecting factor" as considered by the Supreme Court of Canada in Club Resorts Ltd. v. Van Breda [2012 SCC 17], to permit an Ontario court to have jurisdiction over non-resident tortfeasors and torts.