The defendant, a UK-based digital payment company, brought a motion to dismiss the plaintiff's action for lack of jurisdiction or, alternatively, forum non conveniens.
The plaintiff, an Ontario resident, alleged misrepresentation and civil conspiracy related to the loss of cryptocurrency purchased through the defendant's platform.
The court found no presence-based jurisdiction, as the defendant did not carry on business in Ontario, having only a virtual, passive presence.
The court also declined to assume jurisdiction, finding no presumptive connecting factors, as the alleged misrepresentations were not received or acted upon in Ontario, and the alleged financial loss did not occur in Ontario.
The action was dismissed against the moving defendant for lack of jurisdiction.
