Milkovich v. Saari

Todd, Justice.

Defendants appeal from an order of the trial court denying their motion to dismiss plaintiff’s complaint for failure to state a cause of action because the law of Ontario, where plaintiff and defendants reside, has a guest statute requiring proof of gross negligence, which was not alleged. Defendants further appeal from the granting of plaintiff’s motion to strike their affirmative defense that the law of Ontario should apply. The trial court certified the question as important and doubtful. We affirm.

Plaintiff and both defendants are residents of Thunder Bay (formerly Port…