The Property Owners brought a motion to transfer a construction lien action from Thunder Bay to Milton and to have it heard together with a related breach of contract action.
The defendant, Newalta, brought a motion to stay the breach of contract action based on a forum selection clause specifying Alberta jurisdiction.
The court dismissed Newalta's motion for a stay, finding that although the forum selection clause was valid, the interests of justice and avoidance of multiple proceedings constituted strong cause not to enforce it.
The court also dismissed the Property Owners' motion to transfer the construction lien action, finding that Thunder Bay was the more appropriate venue given the location of the property, the events, and the witnesses.
The issue of whether the actions should be heard together was deferred to the Regional Senior Justice of the Northwest Region.
