July 12, 2023 – Forum Non Conveniens

“Whether or not Ontario has jurisdiction must be decided first; the doctrine of forum non conveniens only applies where Ontario has jurisdiction. The burden is on the party claiming jurisdiction simpliciter to establish jurisdiction. In this case, the court may assume jurisdiction if (1) the respondent attorns to the court’s jurisdiction, (2) the respondent is present and served in the jurisdiction, or (3) there is a real and substantial connection between the forum and the parties or the subject matter of the dispute.”

         Doersam v. Doersam, 2022 ONSC 4095 (CanLII) at 10