The plaintiff, an Ontario corporation, sued the defendant, a Wisconsin corporation, in Ontario for unpaid royalty payments under a licence agreement.
The defendant brought a motion to dismiss or stay the action, arguing the Ontario court lacked jurisdiction simpliciter or was forum non conveniens.
The court found it had jurisdiction because the defendant carried on business in Ontario through its employees and direct sales.
The court declined to stay the action, finding the defendant failed to establish that Wisconsin was clearly the more appropriate forum.
