In January 2010, two plaintiffs commenced an action in Ontario arising from a car accident that had occurred almost two years earlier in Michigan. More than a year after the action was commenced, the defendant moved to dismiss the action on the basis that Ontario courts lacked jurisdiction over a claim that the defendant said should instead be tried in Michigan. [more] Full article

In a recent decision, a five judge panel of the Court of Appeal for Ontario revised the legal test to be applied when the Ontario courts are asked to assume jurisdiction over a foreign defendant. The Court’s decision in Van Breda v. Village Resorts Ltd. clarifies the applicable legal principles and should provide greater guidance to Ontario courts on whether and when they can properly take jurisdiction over foreign defendants. [more] Full article