The appellant appealed an order staying its Ontario proceedings on the basis of forum non conveniens.
The appellant argued the motion judge failed to apply the 'clearly establish' test from Amchem and improperly allowed the avoidance of multiple proceedings to trump other Muscutt factors.
The Court of Appeal dismissed the appeal, finding the motion judge correctly applied the heavy burden test and comprehensively weighed all relevant factors in determining that New York was the more appropriate forum.
