Andrew Peller Ltd., a BC based winery, sued in contract and tort, alleging that the defendant, Mori Vines Inc., sold it defective grape vines. The vines were part of a larger crop grown by Mori Vines in Ontario and treated there with a fungicide by the third party Mori Essex Nurseries Inc. Mori Vines Inc. and Mori Essex Nurseries Inc. brought a jurisdictional application to transfer the proceedings to Ontario on the basis that it is the more appropriate jurisdiction.
Daniel Byma was successful in dismissing the application so that the action would proceed in British Columbia.
