What factors will be considered in determining the most appropriate forum for a motion in a personal injury case?

Ontario, Canada


The following excerpt is from Sun v. Guilfoile, 2011 ONSC 1685 (CanLII):

In Muscutt v. Courcelles, supra, Sharpe J.A. set out a list of several factors that courts had developed as those that may be considered in determining the most appropriate forum, as follows: -- the location of the majority of the parties; -- the location of key witnesses and evidence; [page462] -- contractual provisions that specify applicable law or accord 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; -- whether declining jurisdiction would deprive the plaintiff of a legitimate juridical advantage available in the domestic court.

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