On "Black Friday" many American retailers are known to
offer deep discounts which draw a large number of bargain hunting
shoppers. But what happens if a visiting Ontario bargain-seeking
motorist is injured in a collision with a New York motorist and
sues them in Ontario?
The main issue is whether Ontario courts have the jurisdiction
to hear an action filed by this Ontario motorist? This issue is
broken down into two questions:
- Can Ontario exercise jurisdiction? (also known
as "assumed jurisdiction"); and,
- Should Ontario exercise jurisdiction? (known
as "forum non conveniens").
In a recent decision, Club Resorts Ltd v Van Breda,
2012 SCC 17, the Supreme Court of Canada ("S.C.C.")
reorganized the framework for the first question, namely whether a
Court can assume jurisdiction. The first step is to determine
whether there is a "presumptive connecting factor" that
links the subject matter of the litigation to Ontario. The SCC
lists four non-exhaustive factors:
