Ontario Court Did not have Jurisdiction to Hear Claim for Accident in Alberta

19. August 2014 0

Ontario court did not have jurisdiction to hear a claim brought by a plaintiff who was involved in a motor vehicle accident in Alberta, notwithstanding that one of the defendants was her insurer who issued a policy to her in Ontario.

Tamminga v. Tamminga, [2014] O.J. No. 2915, June 18, 2014, Ontario Court of Appeal, R.G. Juriansz, M.H. Tulloch and G.R. Strathy JJ.A.

The Ontario Court of Appeal heard an appeal from a decision of a motions judge staying an action against the respondents. The appellant was the plaintiff who had commenced an action in Ontario in respect to a motor vehicle accident she was involved in in Alberta. She commenced her action in Ontario against her insurer and the owner and operator of the truck from which she fell. The motions judge concluded that the court lacked jurisdiction simpliciter over the respondents. The Court of Appeal upheld the decision finding there was nothing to connect the appellant’s insurance contract to the respondents. The appellant’s connection with her insurer and the fact that the insurance policy was issued in Ontario was not a sufficient “presumptive connecting factor” to give the court jurisdiction over the non‑resident defendants.

This case was digested by Cameron B. Elder and edited by David W. Pilley of Harper Grey LLP.

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