The defendant, City of Winnipeg o/a Winnipeg Transit, moved to set aside service, dismiss/stay the action for lack of jurisdiction, or stay on forum non conveniens grounds.
The plaintiff, an Ontario resident, sued for breach of contract against Pattison Outdoor Advertising LP and for Charter rights breaches against both defendants, arising from refusal to display ads on Winnipeg Transit buses.
The court found no jurisdiction simpliciter over Winnipeg Transit, as no presumptive connecting factors to Ontario existed, and the plaintiff's claim of an agent-principal relationship between Winnipeg Transit and Pattison lacked factual foundation.
Even if jurisdiction were found, Manitoba was deemed the forum non conveniens due to the strong connection of the dispute to Winnipeg, where the contract between the defendants was made and the alleged Charter breach occurred.
The motion was granted, and the action was stayed.
