The appellant appealed an order dismissing its motion to stay or dismiss the action on jurisdictional grounds.
The Court of Appeal upheld the motion judge's findings that the dispute did not arise 'in connection with' the Confidentiality Agreement, and therefore the arbitration clause did not apply.
The Court also agreed that there was a real and substantial connection between Ontario and the subject matter of the action, and found no basis to interfere with the motion judge's determination that Ontario was the forum conveniens.
The appeal was dismissed with costs fixed at $10,000.
