The defendants brought a motion challenging the jurisdiction of the Ontario Superior Court over a dispute concerning alleged misappropriation of assets from a family business operating in China.
The plaintiff alleged that corporate assets and funds had been transferred from China to Ontario and sought an accounting and compensation.
Applying the presumptive connecting factors framework from Club Resorts Ltd. v. Van Breda, the court held that the defendants’ domicile in Ontario established a prima facie basis for jurisdiction.
The defendants failed to rebut the presumption or demonstrate that China was a clearly more appropriate forum under the doctrine of forum non conveniens.
The court therefore held that Ontario had jurisdiction and adjourned the defendants’ summary judgment motion.
