The defendant, Aescape Inc., brought a motion seeking to dismiss the claim for lack of jurisdiction, stay the action on the basis of forum non conveniens, and set aside service.
The plaintiff, Intercap Equity Inc., alleged a breach of an oral option agreement to invest in Aescape.
The court found that Intercap established a "good arguable case" that a contract was formed in Ontario, satisfying the "real and substantial connection" test for jurisdiction.
The court also determined that Aescape failed to demonstrate that New York was a "clearly more appropriate forum" to displace Ontario's jurisdiction.
Consequently, the motion was dismissed on all grounds.
