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Muscutt v Courcelles (2002), 60 OR (3d) 20 (CA)


Lived ON, hurt in AB, returned to ON for treatment. Would have continued living in AB but for the accident


Flexible and Fact-Specific test for establishing jurisdiction of the court:
1. Connection between the forum and Ps claim
2. Connection between forum and D
3. Unfairness to D in assuming jurisdiction
4. Unfairness to P in not assuming jurisdiction
5. Involvement of other parties to the suit
6. Courts willingness to recognize and enforce an extra-prov judgment rendered on the same jurisdictional basis
7. Whether the cases in interprov or international in nature
8. Comity and the standards of jurisdiction, recognition, and enforcement prevailing elsewhere

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