In this action, two French defendants faced a civil tort action in Ontario, brought by an Ontario corporation and its sole shareholder. The action was commenced in connection with the sale of the defendants’ medical device company, based in France.
Fasken represented the defendants in moving to permanently stay the action on jurisdictional grounds — both on the basis of jurisdiction simpliciter, which relates to the court’s ability to adjudicate the subject-matter of the dispute, and on the basis of forum non conveniens, which requires a court to determine whether there is a clearly more appropriate forum for the dispute.
The court determined that it did not have jurisdiction simpliciter because the alleged tort did not occur in Ontario. The court went on to consider forum non conveniens in the alternative, and concluded that France was the clearly more appropriate forum.
Fasken represented the defendants with a team comprised of David Ziegler and Rachel Hung.
Jurisdiction
- Ontario
