The defendant, Industria Farmacéutica Andrómaco S.A. de C.V., brought a jurisdiction motion to dismiss or stay the action commenced by the plaintiff, Glycobiosciences Inc. Andrómaco argued that the Ontario Superior Court lacked jurisdiction simpliciter, or alternatively, that Ontario was forum non conveniens, or that the dispute should be resolved by arbitration in Mexico or Texas as per existing agreements.
The court found that no presumptive connecting factors to Ontario existed, and therefore, the court lacked jurisdiction.
Furthermore, even if jurisdiction were established, the court determined that Texas was the more appropriate forum due to specific forum selection clauses in the parties' agreements.
The court also noted that the Statement of Claim was improperly served.
The action against Andrómaco was stayed for lack of jurisdiction, and costs were awarded to the defendant.
