Issue: Failures of emergency generators at Providence Care Hospital in Kingston. Plaintiffs seek damages for failures related to design, manufacture, supply, installation, testing, commissioning, or maintenance of the generators.

Key Legal Points:

• Jurisdiction Simpliciter:
  • Test: Court assumes jurisdiction if the plaintiff shows a “good arguable case” based on allegations or evidence.
  • Finding: Torts were committed in Ontario, as harm occurred there, meeting the Moran principle.
• Forum Selection Clause:
  • Validity: Insufficient evidence that the contract with the forum selection clause was part of the record.
  • Third-Party Impact: Clause does not bind non-privy third parties.
  • Enforcement: Clause does not clearly cover present tort claims.
• Forum Non Conveniens:
  • Analysis Factors: Considered parties' locations, costs, litigation impact, conflicting judgments, enforcement issues, connection strengths, and juridical advantage.
  • Decision: Ontario is the appropriate forum due to the location of most parties and evidence, and ability to conduct proceedings digitally.

Decision: Motion to stay proceedings in favor of another forum dismissed.

Costs: If parties cannot agree by September 13, 2024, they may submit written submissions for the court’s decision.