The defendant moved to stay an Ontario action pending the outcome of a related proceeding commenced in Kentucky.
The plaintiff sought declaratory relief concerning its proprietary interest in an internet domain name within Ontario.
The court found the action had a real and substantial connection to Ontario, as the plaintiff’s operations, witnesses, and relevant activities were located in Ontario and Ontario law would likely govern the dispute.
The court concluded that the defendant failed to establish that the balance of convenience favoured the Kentucky proceeding.
The motion to stay the Ontario action was dismissed.
