In Bridging Finance Inc. v. Sharpe (Ont CA, 2026) the Ontario Court of Appeal dismissed an appeal, here where "the motion judge found that jurisdiction simpliciter was established over the dispute. The motion judge also determined, on a forum non conveniens analysis, that Ontario is the most appropriate and convenient jurisdiction for the actions."
Here the court briefly summarizes the venue concepts of 'jurisdiction simplicitor' and 'forum non conveniens', and their relationship:
[1] When a dispute involves events or parties in a foreign jurisdiction, the defendant may challenge the plaintiff’s choice to litigate in Ontario. When that happens, the Ontario court must determine whether the action has a real and substantial connection to Ontario. If the plaintiff establishes the existence of one or more presumptive connecting factors, the Ontario court will presume that the claim is properly before it. The presumption of jurisdiction may be rebutted, with the burden on the defendant to negate the presumptive effect of the connecting factor(s). If the presumptive connecting factors are not rebutted, the Ontario court must assume jurisdiction, subject to an analysis of forum non conveniens.
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