The appellants appealed an order dismissing their motion to decline jurisdiction.
The Court of Appeal upheld the motion judge's finding that there was a real and substantial connection between the Ontario court and the claim, satisfying the test for jurisdiction simpliciter under both Muscutt and Van Breda.
The Court also found no error in the motion judge's exercise of discretion regarding the forum non conveniens analysis, noting that even if recent Supreme Court jurisprudence attenuated the juridical advantage point, there were sufficient other bases to support the decision.
The appeal was dismissed with costs fixed at $12,000.
