The respondent, Transat Tours Canada Inc., sought an injunction in Quebec Superior Court against several Mexican corporations for breach of an exclusive hotel room leasing contract containing a Quebec forum selection clause.
The Mexican defendants brought a motion for declinatory exception, arguing the Quebec courts lacked jurisdiction to issue extraterritorial relief and should decline jurisdiction under the doctrine of forum non conveniens.
The Supreme Court of Canada affirmed the Court of Appeal's decision that the Superior Court had jurisdiction to issue the injunction and that the difficulty of enforcing extraterritorial orders does not negate this power or automatically trigger forum non conveniens.
