B. W. Miller

The appellant, a foreign trustee based in Liechtenstein, appealed the dismissal of its motions to stay or dismiss two actions for lack of jurisdiction simpliciter or forum non conveniens.

The actions alleged that the principals of Bridging Finance Inc. misappropriated funds and transferred them to a trust managed by the appellant.

The Court of Appeal upheld the motion judge's finding that Ontario had jurisdiction simpliciter because the tort of fraud was committed in Ontario and contracts connected to the dispute were made in Ontario.

The appellant failed to rebut these presumptive connecting factors, and the appeal was dismissed.