Traditionally, a party had to show a real and substantial connection to Ontario for the Ontario court to take jurisdiction. This was not traditionally much of an issue. There is presumptive jurisdiction, to use the new SCC language, if for instance, the contract was made in Ontario.
But what if everything took place in Dubai? What if all the parties had all of their dealings in Dubai? Well if one of the parties is a politically connected person in Dubai, and if that suggests that the other party will not get a fair hearing in Dubai, well the doctrine of ‘necessity’ becomes an instrument to maintain the action in Ontario, even though all the other connecting factors might suggest that Ontario is not the appropriate forum.
