What is the test for determining the appropriate venue for a personal injury action?

Ontario, Canada


The following excerpt is from Inline Fiberglass Ltd. v. Resins Systems Inc., 2007 CanLII 44176 (ON SC):

There are a number of factors to assist a court in determining the most appropriate forum for the action (Muscutt v. Courcelles, supra , para 41). These factors include: 1. The location of the majority of the parties; 2. The location of key witnesses and evidence; 3. Contractual provisions that specify applicable law or accord jurisdiction; 4. The avoidance of multiplicity of proceedings; 5. The applicable law and its [weight] in comparison to the factual questions to be decided; 6. Geographical factors suggesting natural forum; and, 7. Whether declining jurisdiction would deprive the plaintiff of a legitimate juridical advantage available in the domestic forum.

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