Introduction: Did Ontario have jurisdiction?
Arguments about access to justice are not enough to oust the
general principles of jurisdiction, according to a recent Ontario
case. In Forsythe v Westfall, 2015 ONCA 810,
the Court of Appeal for Ontario confirmed that the forum of
necessity doctrine—which is influenced by access to justice
concerns—does exist, but can only be applied in the narrowest
and most exceptional of circumstances. This case wasn't one of
them.
The end result? The courts of Ontario did not have jurisdiction
to entertain the plaintiff's tort claim.
Facts leading to the jurisdiction motion
The plaintiff, Forsythe, was an Ontario resident.
She had been injured in a motorcycle accident in British
Columbia, allegedly caused by an unidentified driver. The
motorcycle's driver / owner, Westfall, was an Alberta resident
and insured through an Alberta policy.
