What factors have been applied to determine the appropriate forum in a personal injury action?

Ontario, Canada


The following excerpt is from Peng v. Zhu, 2009 CanLII 39494 (ON SC):

Canadian courts have applied various factors in order to determine the appropriate forum. These factors include: the location of the majority of the parties; the location of key witnesses and evidence; contractual provisions that specify a particular jurisdiction; the avoidance of a multiplicity of proceedings; the applicable law and its weight in comparison to the factual questions to be decided; geographical factors suggesting the natural forum; and whether declining jurisdiction would deprive the applicant of a legitimate juridical advantage available in the domestic court (Muscutt v. Courcelles, at para. 41). (i) Location of the parties

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