The defendants, GlaxoSmithKline LLC and Almirall (Aqua Pharmaceuticals), brought a motion to set aside service of the Statement of Claim and to dismiss or stay the action against them for lack of jurisdiction.
The plaintiff, Glycobiosciences Inc., alleged tortious interference and fraudulent/negligent misrepresentation.
The court found that the plaintiff failed to establish a good arguable case for any presumptive connecting factors (domicile, carrying on business, or tort committed in Ontario) to link the defendants to the jurisdiction.
Consequently, the court lacked a real and substantial connection to the action, set aside service, and stayed the action against both defendants.
Costs were awarded to the successful defendants.
