Oliveira v. Manitoba Public Insurance Corporation
The respondent's undertaking not to raise limitation if the action proceeds in Manitoba removed limitation expiry from the forum analysis, the motion judge properly weighed the remaining factors and correctly concluded Manitoba is the appropriate forum; the Ontario proceeding must be stayed and the appeal dismissed.
Source-derived case information.
- Citation
- 2009 ONCA 435
- Parties
- Appellant: Arlindo Oliveira; Respondent: Manitoba Public Insurance Corporation
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 26 May 2009
- Procedural Posture
- Civil Appeal (forum Conveniens/ Stay Application) / Court of Appeal Endorsement Disposing of Appeal From Motion Judge's Stay Order
- Outcome
- Appeal dismissed; Ontario proceedings stayed in favour of Manitoba forum; costs awarded to respondent.
- Legal Topics
- Forum Conveniens, Stay of Proceedings, Limitation Period as Factor, Choice of Forum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Arlindo Oliveira
Appellant
Manitoba Public Insurance Corporation
Respondent
Procedural Posture
Civil Appeal (forum Conveniens/ Stay Application) / Court of Appeal Endorsement Disposing of Appeal From Motion Judge's Stay Order
Legal Issues
- 1 Whether Manitoba is the proper forum under forum conveniens principles
- 2 Whether expiry of limitation period should influence forum conveniens analysis
- 3 Whether the Ontario proceeding should be stayed
Ratio Decidendi
The respondent's undertaking not to raise limitation if the action proceeds in Manitoba removed limitation expiry from the forum analysis, the motion judge properly weighed the remaining factors and correctly concluded Manitoba is the appropriate forum; the Ontario proceeding must be stayed and the appeal dismissed.
Court Disposition
Appeal dismissed; Ontario proceedings stayed in favour of Manitoba forum; costs awarded to respondent.
Orders
- Ontario proceeding stayed
- Matter to proceed in Manitoba
Full Case Text
Judgment text and source record
1 paragraphs
Oliveira v. Manitoba Public Insurance Corporation Collection Decisions of the Court of Appeal Date 2009-05-26 Neutral citation 2009 ONCA 435 Docket numbers C49947 Judges Goudge, Stephen Thomas; Gillese, Eileen E.; Watt, David Subject Civil Decision Content CITATION: Oliveira v. Manitoba Public Insurance Corporation, 2009 ONCA 435 DATE: 20090526 DOCKET: C49947 COURT OF APPEAL FOR ONTARIO Goudge, Gillese and Watt JJ.A. BETWEEN: Arlindo Oliveira Plaintiff (Appellant) and Manitoba Public Insurance Corporation Defendant (Respondent) Michael A. Handler, for the appellant John Philip, for the respondent Heard and endorsed orally: May 22, 2009 On appeal from the order of Justice Alison Harvison Young of the Superior Court of Justice dated December 29, 2008. APPEAL BOOK ENDORSEMENT [1] While the expiry of a limitation period can constitute the loss of a judicial advantage that may tip the scales in a forum conveniens debate, before us the respondent undertakes not to raise this issue should the matter proceed in Manitoba within 60 days of this decision. We are satisfied that this removes this consideration from the analysis as to the other factors relevant to forum convenienes, the motion judge carefully analyzed and weighed them. We agree with her determination that Manitoba is the proper forum and the Ontario proceeding should be stayed. Appeal is dismissed. Costs to the respondent fixed at $2,000.